Race / Color Discrimination

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In Bonilla v. City of New York et al, 18-cv-12142, 2019 WL 6050757 (S.D.N.Y. Nov. 15, 2019), the court, inter alia, held that plaintiff sufficiently alleged race discrimination. Central to plaintiff’s claim was his being called “bobo” – which means “fool” in Spanish – several times. In reaching its conclusion, the court cited and applied…

Read More Race Discrimination Claim Stated; “Bobo” Slur Cited
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In Baker v Revolt Media & TV, LLC, No. 152612/17, 2019 WL 4861967 (N.Y. Sup Ct, New York County Oct. 02, 2019), the court dismissed plaintiff’s race and age discrimination claims asserted under the New York State and City Human Rights Laws. Defendant asserted that plaintiff’s termination was due to the non-discriminatory reasons of “restructuring…

Read More Age/Race (“Reverse”) Employment Discrimination Claims Dismissed
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In Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…

Read More Race Discrimination Claim Against NY DOT Improperly Dismissed
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In James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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In Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…

Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, Insufficient
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In Allen v. City of New York et al, 2019 WL 5450874 (SDNY Oct. 23, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This claim failed, held the court, because plaintiff failed to proffer an actionable “adverse employment action.” To survive a motion…

Read More Title VII Race Discrimination Claim Dismissed; Social Worker Plaintiff Failed to Allege an “Adverse Employment Action”
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In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…

Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended Complaint
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In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health
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In Williams v. Service Tire Truck Ctr., 2019 WL 4894106 (NDNY Oct. 4, 2019), the court reviewed a Magistrate Judge’s findings with respect to plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This decision illustrates, inter alia, how claims of race discrimination may – under certain circumstances – arise…

Read More Title VII Race Discrimination Claims Proceed; African American Man Subject to Terms His Caucasian Co-workers Were Not
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