Race / Color Discrimination

by

In Johnson v. PRIDE Industries, Inc., No. 19-50173, 2021 WL 3440524 (5th Cir. Aug. 6, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s grant of summary judgment on plaintiff’s race-based hostile work environment claim. (Note: the EEOC submitted an Amicus Curiae, i.e., “friend of the court,” brief in this…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Racial Epithets Were Not “Isolated”
Share This:
by

In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds
Share This:
by

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 “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This: