Race / Color Discrimination

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In Buon v. Spindler, 2023 WL 2903401 (2d Cir. April 12, 2023), the court vacated the lower court’s order dismissing plaintiff’s discrimination claim. From the decision: Here, Buon has met her minimal burden by alleging facts that give rise to a plausible inference of discrimination with respect to the denial of her application to administer…

Read More Second Circuit Revives Discrimination Claims; “Mosaic” of Allegations Sufficient
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In Duniya v. Power, 2023 WL 2755132 (N.D.Ill. April 3, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case, like so many others, teaches that workplace conduct that is unpleasant in the objective sense will not necessarily give rise…

Read More Hostile Work Environment Claim Dismissed; Conduct Reflected Merely Plaintiff’s Displeasure With Supervisors’ Management of His Work
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In Kaba v. Zara USA, Inc., No. 157434/2022, 2023 WL 2650422, 2023 N.Y. Slip Op. 30930(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s public accommodation discrimination claim under the New York State and City Human Rights Laws. From the decision: The Court is…

Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against Zara
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. This decision highlights the difference between the comparatively broad New York City Human Rights…

Read More NYCHRL Race Discrimination Claim Survives Summary Judgment Against Leg Apparel
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In a recent case, Ilana Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc., et al, 21 Civ. 5553 (LGS), 2023 WL 2691458 (S.D.N.Y. March 29, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s (a Jewish woman) claims of race- and religion-based discriminatory termination, in violation of Title VII…

Read More Jewish Employee’s Race/Religion-Based Discriminatory Termination Claim Survives Summary Judgment
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In Sylla v. New York City Department of Education et al, 18-CV-6524 (RPK) (MMH), 2023 WL 2667072 (E.D.N.Y. March 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. In this case, plaintiff alleged that a co-worker repeatedly called him “mono”, which is Spanish for monkey.…

Read More “Monkey” Comments Cited in Decision Denying Summary Judgment on Race-Based Hostile Work Environment Claim
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In Summerville v. Tradeweb Markets, LLC, No. 160245/2021, 2023 WL 2613131 (N.Y. Sup Ct, New York County Mar. 23, 2023), the court, inter alia, dismissed plaintiff’s race- and gender-based discrimination and hostile work environment claims asserted under the New York State and New York City Human Rights Laws. From the decision: Plaintiff alleges that the…

Read More Race/Gender Discrimination & Hostile Work Environment Claims Dismissed
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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Happy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…

Read More St. Patrick’s Day
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