Race / Color Discrimination

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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 hostile work environment claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court explained: [T]he Court found that Plaintiff sufficiently stated…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Target
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In Lewis v. Anron Air Systems, Inc., No. 503355/2019, 2021 WL 2916973 (N.Y. Sup Ct, Kings County July 12, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race and gender discrimination claims. From the decision: Here, the defendant demonstrated as a matter of law that plaintiff’s termination from her position…

Read More Gender, Race Discrimination Claims Dismissed; Business Slowdown Justified Layoffs, Court Holds
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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel
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On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act into law. Specifically, the Act amends Section 6103(a) of Title 5 of the United States Code, by inserting after the item relating to Memorial Day the following: “Juneteenth National Independence Day, June 19.” Celebrated by African Americans yearly since the Civil War…

Read More Juneteenth Is Now a Federal Holiday
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In Jimenez v. 64th St. Auto Parts Inc., No. 153409/2020, 2021 WL 2416508 (N.Y. Sup Ct, New York County June 11, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. In…

Read More Race and National Origin Discrimination Claims Sufficiently Alleged Against 64th St. Auto Parts
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In Jackson v. Sheraton New York Times Square Hotel, 19-CV-4099, 2021 WL 2255698 (E.D.N.Y. June 3, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim, on the ground that the alleged racial comment was a “stray remark.” From the decision: The plaintiff has not established an inference of discrimination. She cites no evidence, and…

Read More Title VII Race Discrimination Claim Dismissed; “Fat Black Bitch” Comment Was a “Stray Remark”
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In Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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