Race / Color Discrimination

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In Miller v. New York State Police et al, 2022 WL 1133010 (2d Cir. April 18, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s dismissal (on summary judgment) of plaintiff’s race-based hostile work environment claim. After summarizing the well-established black-letter law of hostile work environment claims, the…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Alleged 12 Incidents Over 3 Years Insufficient
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In Davis v. Elwyn, Inc., 20-cv-05798, 2022 WL 970842 (E.D.Pa. March 31, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who worked as a Mental Health Program Specialist for defendant, alleged that defendant subjected her to a hostile work environment…

Read More Sex/Race-Based Hostile Work Environment Claims Dismissed; Mental Health Specialist Did Not Suffer “Objectively” Hostile Environment Resulting From Patient’s Alleged Harassment
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In Sherman v. Kendall, CIV-21-484-F, 2022 WL 1094617 (W.D.Okla. April 12, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment and constructive discharge claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Upon review, the court again concludes that Sherman has failed to…

Read More Lack of Racial Motivation Dooms Hostile Work Environment, Constructive Discharge Claims
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…

Read More Hostile Work Environment Claims, Based on Mocking of Accent, May Proceed
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-cv-744, 2022 WL 901604 (W.D.N.Y. March 28, 2022), the court, inter alia, held that plaintiff failed to state a claim for a race-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: Dubie alleges that she was subject to “microagression[s]; racial…

Read More Race-Based Hostile Work Environment Claim, Based on “Microaggressions” etc., Insufficiently Alleged
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In Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…

Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years Insufficient
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In Miles v. Pepsico et al, 20-cv-1591, 2022 WL 798272 (N.D.N.Y. March 16, 2022), a case arising from allegations of a racially discriminatory workplace – asserted by one African American plaintiff and two of his Caucasian co-workers – the court granted defendants’ motion to dismiss plaintiff’s claims for (1) intentional infliction of emotional distress, (2)…

Read More Racially Discriminatory Workplace Allegations May Not Proceed Under “Intentional Infliction of Emotional Distress” Theory; Negligence Claims Barred by NY Workers’ Compensation Law
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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