Race / Color Discrimination

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In Shi v. Batgatelle International, Inc., 220-cv-8473 (ER), 023 WL 4187557 (S.D.N.Y. June 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin discrimination claims. While defendant alleges that it terminated plaintiff due to her performance, plaintiff alleges that she was terminated because of her race, national…

Read More Race, National Origin Discrimination Claims Against Bagatelle Survive Summary Judgment
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In Griffith v MetroPlus Health Plan Inc., No. 505258/2017, 78 Misc. 3d 1241(A), 188 N.Y.S.3d 913, 2023 N.Y. Slip Op. 50499(U), 2023 WL 3637957 (Sup Ct, May 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination. From the decision: In the instant case, Defendants put forward evidence of…

Read More Citing Nondiscriminatory Motivation of Poor Performance, Court Dismisses Race Discrimination Claims
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a race-based hostile work environment in violation of the New York State and City Human Rights Laws. From the decision: The second and…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Slave” Reference
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In Bibbs v. CNHI, LLC, 2023 WL 3848382 (S.D.Ind. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As for her hostile work environment claim pursuant to § 1981, CNHI contends that she has failed to allege anything rising to the level of…

Read More Merely Invoking the Words “Hostile Work Environment” Insufficient; Claim Dismissed
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In Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…

Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit Holds
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In Lowery v. Louis DeJoy, Postmaster General, United States Postal Service, Great Lakes Area Operations, No. 1:21-cv-01871, 2023 WL 3791467 (S.D. Ind. June 2, 2023), the court granted defendant’s motion for summary judgment dismissing plaintiff’s race-based hostile work environment claim. From the decision: Mr. Lowery has not shown that his work environment was objectively offensive…

Read More Race-Based Hostile Work Environment Claim Against USPS Dismissed
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In Brickhouse v. School District of Philadelphia et al, 2023 WL 3739062 (E.D.Pa. May 31, 2023), the court, inter alia, held that plaintiff sufficiently pleaded a race-based hostile work environment claim. In sum, the court held that the plaintiff “alleges just enough to state a plausible hostile work environment claim. Her supervisors frequently subjected her…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Philadelphia School District, Court Holds
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In Snowden v. Susan Southerton, County of Sullivan and Sullivan County Adult Care Center, 22-cv-514, 2023 WL 3601654 (S.D.N.Y. May 23, 2023), the court, inter alia, held that plaintiff plausibly alleged claims of race/color discrimination. From the decision: Moreover, plaintiff alleges other facts that indirectly show discrimination by giving rise to a plausible inference of…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Remarks About Hair
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In Davenport v. Manual Woodworkers and Weavers, Inc., 2023 WL 3063384 (W.D.N.C. April 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff (who is African American) alleged that he was subjected to a racial epithet; specifically, that a co-worker called out to him,…

Read More Co-Worker’s Racial Epithet Not Imputable to Employer; Hostile Work Environment Claim Dismissed
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In Bernardi v. New York State Department of Corrections and Community Supervision, 2023 WL 3230558 (S.D.N.Y. May 3, 2023), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national-origin based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: At his…

Read More Race/National Origin-Based Hostile Work Environment Claim Dismissed; “Go Back to Italy” Allegation Insufficient
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