Race / Color Discrimination

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In Thange v. Oxford Global Resources, LLC, 19-5979 (ES) (JRA), 2022 WL 2046938 (D.N.J. June 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race, religion, and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of…

Read More Race, Religion, National Origin Hostile Work Environment Claims Survive Summary Judgment; Evidence Included “Jihadi” Comment
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In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
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In Mwangi v. Passbase, Inc. et al, 21-cv-6728, 2022 WL 2133734 (S.D.N.Y. June 14, 2022), the court, inter alia, dismissed plaintiff’s discrimination claims under 42 U.S.C. § 1981. At all relevant times, plaintiff worked remotely from Berlin, Germany, and was not in the U.S. when the alleged discrimination took place. As to plaintiff’s § 1981…

Read More Germany-Based Plaintiff’s Discrimination Claims Dismissed on Geographic Grounds
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
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In Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…

Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit Authority
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In Douglas v. Cruise Yacht Op. Co. Ltd. et al, 2022 WL 1719312 (S.D.Fla. May 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged a disparate treatment race discrimination claim. From the decision: According to the United States Supreme Court, “ ‘[d]isparate treatment’…is the most easily understood type of discrimination. The employer simply…

Read More Race Discrimination Claim Sufficiently Alleged; Discriminatory Motive Need Not Be Proven at the Pleading Stage
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), 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. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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On May 17, 1954, in Brown v. Board of Ed. of Topeka, 347 U.S. 483 (1954), the U.S. Supreme Court unanimously held that the doctrine of “separate but equal” (announced by the Court in Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896)), as applied to public schoolchildren, was inconsistent with the Fourteenth Amendment’s…

Read More On This Day: Brown v. Board of Education, 347 U.S. 483 (1954)
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In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
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In Nyambi v. Delta Airlines, Inc., No. 2:21-cv-00369-JHC, 2022 WL 1443741 (W.D.Wash. May 6, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Assuming Plaintiff pleaded a hostile work environment claim, he fails to…

Read More Race-Based Hostile Work Environment Claim Dismissed; Single “Stupid African” Remark Insufficiently “Severe”
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