Race / Color Discrimination

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In Gates, Nicole v. New York City Human Resources Administration, No. 24-CV-5310 (NRM), 2026 WL 523115 (E.D.N.Y. Feb. 25, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff sufficiently alleged that they were subjected to…

Read More Title VII Race Discrimination Sufficiently Alleged; Allegations Included Use of “Racially Charged Code Words”
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In Pablo Munoz, Jr. v. Dart Container Corp. of Illinois, No. 25 CV 8707, 2026 WL 458453 (N.D. Ill. Feb. 18, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and national origin-based hostile work environment claims. From the decision: A complaint alleging discrimination under Title VII need only aver that the…

Read More Race, National Origin Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Hughes v. Louis DeJoy, Postmaster General, U.S. Postal Service, No. 24-5865, 2026 WL 446413 (9th Cir. Feb. 17, 2026), the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s summary judgment dismissal of his race- and disability-based hostile work environment claims. From the decision: The district court appropriately granted summary judgment…

Read More 9th Circuit Affirms Dismissal of Plaintiff’s Race and Disability Based Hostile Work Environment Claims
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In Altidor v. Medical Knowledge Group LLC, 2026 NY Slip Op 00870 (N.Y. App. Div. 1st Dept. Feb. 17, 2026), the court unanimously reversed a lower court’s decision granting defendant’s motion to dismiss plaintiff’s claims of discriminatory non-promotion and termination under the New York State and City Human Rights Laws, and reinstated those claims. From…

Read More Dismissal Reversed; Race-Based Failure to Promote and Termination Claims Sufficiently Alleged
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In Schwartz v. J. Nazmiyal, Inc., No. 151276/2025, 2026 WL 301047 (N.Y. Sup. Ct. Jan. 28, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of employment discrimination. From the decision: Defendants argue that plaintiff cannot establish the fourth necessary element, that an adverse action occurred under circumstances giving rise to an…

Read More Race Discrimination Sufficiently Alleged; Comparators Not a Mandatory Requirement
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In Newcomer v. Mom’s Organic Market, Inc., 2026 WL 302537 (D.Md. 2026), the court, inter alia, granted plaintiff’s morion defendant’s motion to dismiss plaintiff’s amended complaint alleging a race-baser hostile work environment. From the decision: The Court had originally dismissed this claim because no facts connected May’s racially derogatory conduct generally to Newcomer more particularly, or…

Read More Race-Baser Hostile Work Environment Claim Sufficiently Alleged in Amended Complain, Court Rules
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In Melton v. I-10 Truck Ctr. Inc., No. 23-14175, 2026 WL 319183 (11th Cir. Feb. 6, 2026), the U.S. Court of Appeals for the 11th Circuit vacated the lower court’s decision awarding defendant summary judgment on plaintiff’s claim of a racially hostile work environment under 42 U.S.C. § 1981. From the decision: To prevail on…

Read More Racially Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal; Evidence Included Use of Racial Slur “Boy”
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In Daryl Whitfield v. Kristi Noem, No. 2:25-CV-04499-HDV-PDX, 2026 WL 1270812 (C.D. Cal. Jan. 9, 2026), the court held that plaintiff sufficiently alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: Defendant asserts that Plaintiff’s SAC does not state a racial discrimination claim because it is…

Read More Title VII Race Discrimination Claim Sufficiently Alleged; Court Confirms That a Plaintiff Need Not Provide Evidence in a Complaint to Survive Dismissal
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In Hinds v. PSEG Long Island LLC, Long Island Elec. Util. Servco LLC, Nat’l Grid Elec. Servs., LLC, Michael Abrams, & Michael Star, No. 23-CV-08701 (RER) (LGD), 2026 WL 266010 (E.D.N.Y. Feb. 2, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws.…

Read More Discrimination Claims Survive Dismissal; Allegations Include Being Assigned to Work Outside on Sweltering Day
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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