Race / Color Discrimination

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In a recent case, High v. Wells Fargo Bank, 2023 WL 2505540 (E.D.Va. March 14, 2023), the court offered interpretive guidance on 42 U.S.C. § 1981 which, generally, prohibits race discrimination in the making and enforcement of contracts (which has been interpreted to mean the “at will” employment relationship). While Title VII of the Civil…

Read More Court Discusses 42 U.S.C. § 1981’s Applicability Where National Origin Discrimination is Alleged
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In Hunter v. Barnes & Noble, Inc., No. 153467/2022, 2023 WL 2366844 (N.Y. Sup Ct, New York County Mar. 3, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, race-based harassment, retaliation, and aiding-and-abetting discrimination under the New York State Human Rights Law. As to plaintiff’s “adverse action” discrimination…

Read More Race-Based Discrimination Claim Sufficiently Alleged Against Barnes & Noble
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In Simmons v. Transforce, Inc., 2023 WL 2192239 (S.D.Miss. Feb. 23, 2023), the court granted defendant’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). From the decision: Plaintiff has not alleged sufficient facts to state a hostile work environment claim. His allegations that he was bullied and harassed and treated…

Read More Hostile Work Environment Claim Dismissed; Conclusory Allegations of Bullying and Harassment Held Insufficient
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In Williams v. New York City Housing Authority, No. 21-1527-cv, 2023 WL 2171483 (2d Cir. Feb. 23, 2023), the U.S. Court of Appeals for the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: The district court erred when it identified…

Read More Second Circuit Revives Race-Based Hostile Work Environment Claim From Summary Judgment Dismissal Against NYC Housing Authority
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In a recent case, Mais v. Albemarle County School Board, Case No. 3:22-cv-51, 2023 WL 2143471 (W.D.Va. Feb. 21, 2023), the court explained why plaintiff sufficiently alleged a race-based hostile work environment under Title VII of the Civil Rights Act of 1964: Plaintiff has alleged enough facts to allow a jury to determine if the…

Read More Race-Based Hostile Work Environment Claim Survives Against Virginia School Board
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In Hill v. Denis McDonough, Secretary United States Department of Veterans Affairs, 2023 WL 2061246 (W.D.Mo. Feb. 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. After summarizing the “black letter” law, the court applied it to the facts as follows: Here, the summary judgment record, viewed…

Read More Race-Based Hostile Work Environment Claim Dismissed; Reference to “These People” Notwithstanding
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In Flaherty v. Lindsey S. Dixon et al, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The PSAC [Proposed Second Amended Complaint]’s allegations to support an inference of race discrimination are almost exclusively that Plaintiff is white and…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Negative Interactions” With Coworkers of Different Race Insufficient
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In Carter v. Cole & Cole, Inc., d/b/a The Gulf Bowl & Captain’s Choice Restaurant, 2023 WL 1928215 (S.D.Ala. Feb. 10, 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. The court assessed several factors…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Plaintiff’s Use of Word “Nigga” Did Not Defeat Claim
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In a recent case, Pitter-Green v. NYU Langone Medical Center, No. 155386/2021, 2022 WL 17751149, 2022 N.Y. Slip Op. 34276(U) (N.Y. Sup Ct, New York County Dec. 16, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based discriminatory discharge claims. It did, however, reject defendant’s attempt to invoke the so-called “same-actor inference”…

Read More “Same Actor Inference” Held Inapplicable, Yet Race Discrimination Claims Dismissed Against NYU Langone
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