Race / Color Discrimination

In Kuperman v. New York City Department of Education, 2020 WL 5123398 (S.D.N.Y. August 28, 2020), the court dismissed plaintiff’s race and religion-based claims of discrimination against the New York City Department of Education, finding that the NYCDOE was not a proper party. From the decision: Plaintiff’s claims against the New York City Department of…

Read More Race/Religion Discrimination Claims Dismissed Against NYC Department of Education; NYCDOE Not Proper Party
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In Olsson v. ABM Taxi Dispatch LaGuardia Airport, 2020 WL 5038742 (S.D.N.Y. Aug. 26, 2020), the court, inter alia, denied what it construed as plaintiff’s motion to amend his complaint to add a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Insufficiently Alleged; Motion to Amend Denied
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In Farooq v. New York City Health & Hospitals Corporation et al, 19-cv-6294, 2020 WL 5018387 (S.D.N.Y. August 25, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race/national origin/religion-based hostile work environment claim. The court summarized the applicable law as follows: To prevail on a hostile work environment claim, a plaintiff must…

Read More Hostile Work Environment Claim by Pakistani Pharmacist Plaintiff Dismissed Against NYC Health & Hospitals Corp.
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In Wallace v. City of New York, 19-cv-4545, 2020 WL 4336391 (EDNY July 28, 2020), the court, inter alia, denied plaintiff’s motion to reconsider its earlier decision dismissing plaintiff’s claim of race discrimination for failure to state a claim. This decision is instructive both as to what a plaintiff must allege to meet their pleading…

Read More Court Denies Motion for Reconsideration in Race Discrimination Case
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order), the court affirmed the district court’s denial of defendant’s motion for judgment as a matter of law, following a jury verdict for plaintiff on their race and national origin discrimination claims. Defendant asserted that “there was insufficient evidence for a…

Read More Race/National Origin Discrimination Jury Verdict for Plaintiff Upheld
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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In Reppert v. New York State Department of State, 19-cv-01518, 2020 WL 4346932 (N.D.N.Y. July 28, 2020), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Initially, the court explained the well-established law: Because discrimination claims implicate an employer’s usually unstated intent and state…

Read More Race Discrimination Complaint Dismissed; Allegations of “Racist Behavior” Held Insufficiently Specific
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In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
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From Basora-Jacobs v. Palevsky, 2020 WL 3868710 (E.D.N.Y. July 9, 2020): [Plaintiff’s] complaint does not state sufficient facts to support a Title VII claim against Plaintiff’s employer. “A plaintiff asserting a Title VII discrimination claim must allege facts showing that “(1) the employer took adverse action against h[er] and (2) h[er] race, color, religion, sex…

Read More Title VII Discrimination Complaint Dismissed; No Facts Alleged to Suggest That Termination or Retaliation Was Done For Discriminatory Reason
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In Mauro v. New York City Department of Education et al, 2020 WL 3869206 (S.D.N.Y. July 9, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation dismissing plaintiff’s hostile work environment claim asserted against the New York City Department of Education under Title VII of the Civil Rights Act of 1964, the…

Read More Race-Based Hostile Work Environment Claim Against NYC Department of Education Dismissed; “Not a Good Fit” Comment Notwithstanding
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