Race / Color Discrimination – Page 33

March 25, 2021 by mjpospis

Race Discrimination Claim Sufficiently Alleged Against Monroe Community College

In Felton v. Monroe Community College et al, 6:20-CV-06156, 2021 WL 1132411 (W.D.N.Y. March 24, 2021), the court held, inter alia, that plaintiff sufficiently alleged race discrimination, and denied defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). From the decision: Plaintiff’s allegations as to discriminatory motive are admittedly thin. However, construing Plaintiff’s…

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March 14, 2021 by mjpospis

Teacher’s Race Discrimination Claim May Proceed

In Carter v. Syracuse City School District et al, 2021 WL 912523 (2d Cir. March 10, 2021) (Summary Order), the Second Circuit held that plaintiff indeed adduced enough facts to reach a jury on her race discrimination claims. From the Order: The district court held that Carter did not establish a prima facie case because…

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March 13, 2021 by mjpospis

Race-Based Hostile Work Environment Claims Dismissed Against Chase Bank

From Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…

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February 28, 2021 by mjpospis

Citing Productivity Decline, Court Dismisses Race and Religion-Based Discrimination Claims

In Beards et al v. Bronxcare Health System et al, 2021 WL 704177 (S.D.N.Y. Feb. 23, 2021), the court dismissed plaintiffs’ claims of race- and religion-based discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. After concluding that…

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February 23, 2021 by mjpospis

Alleged “Racist Graffiti” Held Insufficient to Make Out Hostile Work Environment Claim, Court Rules

In Duff v. Pristine Services, 2021 WL 663981 (SDNY Feb. 19, 2021), the court, inter alia, dismissed plaintiff’s complaint alleging a race-based hostile work environment. As to whether the alleged conduct was sufficiently “hostile”, the court explained: Duff’s hostile workplace claim appears to be premised on a single incident, in which he found the three…

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February 17, 2021 by mjpospis

Age, Race Discrimination Claims Survive Summary Judgment

In Clementi v. Highbridge Community Development Corp., No. 25371/18E, 2020 WL 8369733, 2020 N.Y. Slip Op. 34419(U) (N.Y. Sup Ct, Bronx County Dec. 22, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age and race discrimination under the New York City Human Rights Law. In sum, plaintiff, a Caucasian…

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February 16, 2021 by mjpospis

Fair Housing Act Claim Dismissed; “Delayed/Untimely Repairs” Were Not Racially Motivated

In Melton v. Malcolm Shabazz, L.P. et al., 2021 WL 535661 (SDNY Feb. 12, 2021), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Fair Housing Act, 42 U.S.C. § 3601, et seq. In sum, plaintiff alleged that repairs to her apartment were delayed due to her race and/or national origin, and that…

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February 14, 2021 by mjpospis

Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.

In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…

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February 9, 2021 by mjpospis

Discriminatory Wage Withholding Claim Survives Against Restaurant Defendants

In a recent case, Tenecora et al v. Ba-Kal Restaurant Corp., d/b/a Princess Diner et al, 18-cv-7311, 2021 WL 424364 (E.D.N.Y. Feb. 8, 2021), the court adopted a Magistrate Judge’s Report & Recommendation granting plaintiff’s motion for default judgment on their employment discrimination and hostile work environment claims. The court explained the difference between “direct”…

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February 6, 2021 by mjpospis

Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed

In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…

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