Race / Color Discrimination

by

In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified
Share This:
by

From Mohan v The City of New York, No. 151018/2019, 2020 WL 1546404, 2020 N.Y. Slip Op. 30729(U), 5 (N.Y. Sup Ct, New York County Mar. 03, 2020): As it pertains to plaintiff’s claims of discrimination, the court finds that plaintiff has not proffered evidence suggesting that on the basis of her race, gender, or…

Read More Race, Gender, National Origin Discrimination Claims Dismissed Against City of New York
Share This:
by

In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance
Share This:
by

In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged
Share This:
by

In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
Share This:
by

The U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…

Read More EEOC on COVID19-Based Race and National Origin Discrimination
Share This:
by

In a recent decision, Comcast Corporation v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. March 23, 2020) (Gorsuch, J.), the U.S. Supreme Court held that 42 U.S.C. § 1981 – a federal statute that prohibits race discrimination in the making and enforcement of contracts – is subject to the “ordinary” tort rule…

Read More SCOTUS: Race Discrimination Statute (42 U.S.C. § 1981) Requires Showing of “But For” Causation
Share This:
by

In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory
Share This:
by

In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient
Share This:
by

It has been reported (see, e.g., here and here) that Chinese and Asian American persons are experiencing hardships and discrimination relating to the outbreak of coronavirus disease 2019 (COVID-19). Such discrimination – which can arise in several contexts, such as employment, housing, education, and places of public accommodation – may be actionable under federal, state,…

Read More Coronavirus and Discrimination
Share This: