Race / Color Discrimination

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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of Pretext
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
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In Xu v. Omnicom Group Inc., No. 518453/2019, 2022 WL 135325, 2022 N.Y. Slip Op. 30133(U) (N.Y. Sup Ct, Kings County Jan. 06, 2022), the court granted an individual defendant’s (John Wren) motion to dismiss plaintiff’s claims of discrimination based on race (Chinese), national origin (China), disability, and age. This case is instructive as to…

Read More Discrimination Claims Dismissed Against, and Protective Order Issued Barring Deposition of, Individual Defendant
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In Gurley v. David H. Berg & Associates d/b/a Berg & Androphy et al, 20 Civ. 9998, 2022 WL 309442 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim for a race-based hostile work environment under the New York City Human Rights Law. This case illustrates the difference between…

Read More Race-Based Hostile Work Environment Claim Survives Under NY City, But Not Federal and NY State, Law
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In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…

Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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In Farber Schneider Ferrari LLP v. Slowik, No. 157630/2019, 2022 WL 114106 (N.Y. Sup Ct, New York County Jan. 12, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for hostile work environment and sexual harassment. From the decision: Defendants’ motion to dismiss the cause of action alleging violations of the State…

Read More Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Based on Pejorative Hispanic Comments, Pornographic Images
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From Felton v. Monroe Community College et al, No. 6:20-CV-06156 EAW, 2022 WL 71694 (W.D.N.Y. Jan. 7, 2022): In support of his discrimination claim, Plaintiff alleges: (1) he was not permitted to teach certain classes, including the Intro to Linux class, during certain semesters (Dkt. 1 at 10); (2) he was not notified or selected…

Read More Race Discrimination Claim Sufficiently Alleged Against Individual Defendant
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