Race / Color Discrimination

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In Rivera v. NYC Department of Education, 2020 WL 7496282 (S.D.N.Y. Dec. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Focusing on the timely allegations, the only non-conclusory allegations in this category are that Fanning “acted very coldly” towards Plaintiff and that Plaintiff received negative performance evaluations for…

Read More Hostile Work Environment Claim Dismissed Against NYC Dept of Education; “Acting Coldly” Plus Negative Performance Evaluations Insufficient
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In Cain v. North Country Community College et al, 2020 WL 7230722 (N.D.N.Y. Dec. 8, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1983. In sum, plaintiff – an African American female adjunct professor – claimed that she was passed over for a promotion by two…

Read More Race-Based Hostile Work Environment Claim Against Upstate Community College Dismissed
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In Kalia v. City University of New York, 2020 WL 6875173 (SDNY Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claim(s). The court provides the following (well-established) overview of the “black letter law” in this area: [F]or Kalia’s Title VII hostile work environment claim to survive, he…

Read More Hostile Work Environment Insufficiently Alleged; Negative Conduct
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In Banks v. General Motors, LLC, 2020 WL 6827707 (W.D.N.Y. Nov. 20, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims. “Plaintiff seeking to establish a Title VII hostile work environment claim must show that ‘the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or…

Read More Hostile Work Environment Claims Dismissed Against General Motors
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In Hand v. New York City Dept. of Correction, No. 160415/2019, 2020 WL 6746634 (N.Y. Sup Ct, New York County Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s for gender and race discrimination under the New York State and City Human Rights Laws. From the decision: Here, a review of the complaint shows that…

Read More Gender/Race Discrimination Claims Insufficiently Alleged Against the NYC Dept. of Correction
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In Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…

Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be Vacated
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Campbell v. The City of New York, No. 150019/2020, 2020 WL 6161621, 2020 N.Y. Slip Op. 33440(U) (N.Y. Sup Ct, New York County Oct. 20, 2020), the court granted defendants’ motion to dismiss plaintiff’s complaint alleging discrimination under the New York State and City Human Rights Laws. This decision is instructive as to the…

Read More Race/Gender Discrimination Claims Insufficiently Alleged Under the NYC Human Rights Law, Court Holds
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Langlois v. Hartford Board of Education et al, 2020 WL 6278722 (2d Cir. Oct. 27, 2020) (Summary Order), the court, inter alia, affirmed the dismissal on summary judgment of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court wrote: [W]e agree with the district…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Most Conduct Was “Reasonably Expected” in the School Environment
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