Race / Color Discrimination

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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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In McKinney v. State of New York et al, 19-CV-3920, 2022 WL 602970 (S.D.N.Y. March 1, 2022), the court, inter alia, dismissed plaintiff’s (a correction officer) race-based hostile work environment claim. The court summarized the “black letter” law of this claim as follows: To state a hostile work environment claim, Plaintiff must show that Defendants’…

Read More Off-Premises Conduct Did Not Give Rise to Racially Hostile Work Environment, Court Holds
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In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPS
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In Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…

Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La Renta
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Gittens v. Winthrop Hospitalist Associates, P.C. et al, 19-CV-5070, 2022 WL 504490 (E.D.N.Y. Feb. 18, 2022), the court held, inter alia, that plaintiff sufficiently alleged a race-based hostile work environment claims under 42 U.S.C. § 1981 and the New York State Human Rights Law. Initially, the court held that plaintiff did not state a…

Read More Race-Based Hostile Work Environment Claim, Based on Assignment of “Menial Tasks”, Sufficiently Alleged
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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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