Race / Color Discrimination

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In Greenidge v. City of New York, No. 155062/2022, 2023 WL 6598626 (N.Y. Sup Ct, New York County Oct. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York City Human Rights Law. From the decision: Defendants’ motion to dismiss plaintiff’s claim of employment…

Read More Race Discrimination Claim Sufficiently Alleged; Allegations Included That White Partner Was Granted Medical Leave Not Afforded to Plaintiff
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In Wilkinson v. Pinnacle Lodging, LLC et al, No. 22-30556, 2023 WL 6518142 (5th Cir. Oct. 5, 2023), the court, inter alia, reversed the district court’s grant of summary judgment to the defendant employer on plaintiff’s claim of wrongful termination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Citing Inconsistent Reasons for Termination, Fifth Circuit Reverses Summary Judgment for Employer in Wrongful Termination Case
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In Yelling v. St. Vincent’s Health System, 2023 WL 6474713 (11th Cir. Oct. 5, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment. This decision is instructive as to how courts evaluate hostile work environment claims where the alleged inappropriate comments are not directed to the plaintiff themselves,…

Read More Race-Based Hostile Work Environment Claim Dismissal Upheld; Obama Comments Were Not “Inherently Racial”
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In Muniz v. The City of New York, 20 Civ. 9223 (JPC), 2023 WL 6294169 (S.D.N.Y. Sept. 27, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on race, ethnicity, and age. The court evaluated plaintiff’s federal claims (asserted under Title VII of the Civil Rights Act…

Read More NYPD Officer’s Race & Age Discrimination Claims Survive Summary Judgment
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In Wheeler v. Praxair Surface Technologies, Inc., 21 Civ. 1165, 2023 WL 6282903 (S.D.N.Y. Sept. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under the New York State Human Rights Law. This case is instructive as to the applicability of the the relatively…

Read More Race-Based Hostile Work Environment Claim, Based on Conduct Post-Dating Amendments to NYS Human Rights Law, Survives Summary Judgment
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In a recent case, Mingo v. The City of Mooresville, No. 5:22-CV-00032-KDB-SCR, 2023 WL 6120962 (W.D.N.C. Sept. 18, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Viewing the facts generously in the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Racially Disparaging Remarks; Disparate Discipline
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Milien v. City of New York et al, 20-CV-480 (MKB), 2023 WL 6050119 (E.D.N.Y. Sept. 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claims, predicated on the alleged denial of overtime opportunities. As to Title VII of the Civil Rights Act of 1964, the court explained:…

Read More Race Discrimination Claims, Based on Alleged Overtime Denial, Survive Summary Judgment
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