Race / Color Discrimination

In Moore v. Uncle Giuseppe’s Marketplace et al, 22-cv-544 (BMC), 2024 WL 4350691 (E.D.N.Y. Sept. 30, 2024), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 USC § 1981. From the decision: I will assume arguendo, as some district courts within this Circuit have suggested, that “severe and pervasive” may…

Read More Race-Based Hostile Work Environment Claim Dismissed, in Light of “Wrath of God” Employer Response
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In Robert L. Miller, Jr. v. Ascenda USA Incorporated, et al., No. CV-22-02172-PHX-JJT, 2024 WL 4241552 (D.Ariz. Sept. 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. After dismissing plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964…

Read More Section 1981 Race Discrimination Claim, Based on Shift Change Denial, Sufficiently Alleged
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In Davis v. Miami-Dade County, 2024 WL 4051215 (11th Cir. Sept. 5, 2024), the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of plaintiff’s race and age discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination Act (ADEA). From the decision:…

Read More Age, Race Discrimination Claims Sufficiently Alleged; “Not Meeting Employer’s Vision” Was Insufficient to Defeat Discrimination Claims
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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants discriminated against him based on race and…

Read More Race and Sex Discrimination Claims Sufficiently Alleged Against Amazon; Assignment to Custodial Duties Was an “Adverse Employment Action”
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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), 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. From the decision: Plaintiff alleges he was subjected to a hostile work environment…

Read More Race-Based Hostile Work Environment Claim, Arising From Alleged Racist Graffiti, Survives Dismissal
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In Drake v. City of Amsterdam Police Department et al, 2024 WL 3969002 (N.D.N.Y. August 28, 2024), the court, inter alia, dismissed plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter law” applicable to these claims,…

Read More Race-Based Hostile Work Environment Claims Dismissed
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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law as follows: “Under Title VII, an employee…

Read More Race-Based Hostile Work Environment Claim Plausibly Alleged Against Buffalo Municipal Housing Authority
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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie case of discrimination under Title VII, the…

Read More Title VII Race Discrimination Claim Sufficiently Alleged Against the Buffalo Municipal Housing Authority
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
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