Race / Color Discrimination

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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1981. After summarizing the relevant law, the court applied it to the facts: Here, Plaintiff’s hostile work environment claims…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Walmart et al Under 42 U.S.C. § 1981
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In Toombs v. New York City Housing Authority, 2020 WL 5650423 (2d Cir. Sept. 23, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the law, the court issued the following explanation as to plaintiff’s prima…

Read More Race Discrimination Case Dismissal Affirmed; Vague, Secondhand Comments Insufficient
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In Milord-Francois v. The New York State Office of the Medicaid Inspector General et al, 2020 WL 5659438 (SDNY Sept. 23, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The Court explained that plaintiff’s hostile…

Read More Hostile Work Environment Claim Dismissed; Conduct by Subordinate Employee Held Insufficient
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In Zheng-Smith v. Nassau Health Care Corporation, 18-cv-2585, 2020 WL 55117486 (EDNY Sept. 14, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court explained the black-letter law as follows: Although courts are…

Read More Hostile Work Environment Claim, Based on Mocking of Accent, Dismissed
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disparate treatment discrimination claim under Title VII of the Civil Rights Act of 1964, relating to his claim that he suffered an “adverse…

Read More Harsher Punishment For Workplace Altercation Creates Issue of Fact as to Pretext; Summary Judgment Denied on Employment Discrimination Claim
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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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