Race / Color Discrimination

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In Jackson v. Sheraton New York Times Square Hotel, 19-CV-4099, 2021 WL 2255698 (E.D.N.Y. June 3, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim, on the ground that the alleged racial comment was a “stray remark.” From the decision: The plaintiff has not established an inference of discrimination. She cites no evidence, and…

Read More Title VII Race Discrimination Claim Dismissed; “Fat Black Bitch” Comment Was a “Stray Remark”
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In Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Tassy v. Peter Buttigieg, U.S. Secretary of Transportation, 2021 WL 1964549 (E.D.N.Y. May 17, 2021), the court, inter alia, dismissed plaintiff’s claims that he suffered a hostile work environment because of his race, color, and national origin. After concluding that plaintiff did not allege conduct that was sufficiently “severe or pervasive”, it continued: Here,…

Read More FAA Employee’s Hostile Work Environment Claim Dismissed
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In Edstrom v. St. Nicks Alliance Corp., 2021 NY Slip Op 03112 (App. Div. 1st Dept. May 13, 2021), the court affirmed the dismissal of plaintiff’s claims of housing discrimination under the Fair Housing Act (42 USC §§ 3604 and 3617) and New York State Human Rights Law, but held that there were sufficient facts…

Read More Housing Discrimination Dismissal Affirmed; Habitability Claim Survives
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In Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…

Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-Barred
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In Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…

Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal Vacated
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In Mitchell v. New York City, No. 161543/2018, 2021 WL 1825353 (N.Y. Sup Ct, New York County Apr. 30, 2021), the court denied plaintiff’s motion to reargue the court’s prior decision granting summary judgment to defendants on plaintiff’s discrimination and hostile work environment claims, as well as to amend the complaint. As to the former,…

Read More Motion for Reconsideration Denied in Employment Discrimination/Hostile Work Environment Case
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In Blanc v. The City of New York et al, No. 154032/2020, 2021 WL 1022595, 2021 N.Y. Slip Op. 30837(U) (N.Y. Sup Ct, New York County Mar. 17, 2021), the court, inter alia, held that plaintiff – a 57 year-old Black man of Haitian national origin – sufficiently alleged facts to make out a claim…

Read More Age/Race/Color/National Origin Discrimination Claims Sufficiently Alleged; Plaintiff Alleges Dilution of Job Responsibilities, Demotion, and Salary Reduction
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In Sapio v. Selux Corporation et al, 2021 WL 1568819 (2d Cir. April 22, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s dismissal of plaintiff’s race discrimination claim asserted under 42 USC § 1981. From the Order: The District Court dismissed Sapio’s Section 1981 claim on the…

Read More Race Discrimination Dismissal Vacated; Court Cites Allegedly False Reasons For Termination
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