Race / Color Discrimination

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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Johnson v. Ford Motor Company, 2021 WL 3928920 (6th Cir. Sept. 2, 2021), the court reversed the lower court’s Order granting defendant’s motion for summary judgment on plaintiff’s claim of race-based hostile work environment/harassment under 42 U.S.C. § 1981. From the decision: [T]he district court erred in granting summary judgment to Ford on the…

Read More “Intertwined” Race/Sex Harassment Claim Survives Summary Judgment Against Ford Motor Company
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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From Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021): The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of…

Read More Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of Grievances
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In Johnson v. PRIDE Industries, Inc., No. 19-50173, 2021 WL 3440524 (5th Cir. Aug. 6, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s grant of summary judgment on plaintiff’s race-based hostile work environment claim. (Note: the EEOC submitted an Amicus Curiae, i.e., “friend of the court,” brief in this…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Racial Epithets Were Not “Isolated”
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In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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