Race / Color Discrimination – Page 40

February 6, 2020 by mjpospis

Race/Gender Discrimination Claims Survive Summary Judgment Against the NYC Transit Authority

In Nelson v. New York City Tr. Auth., 2020 NY Slip Op 00671 (App. Div. 1st Dept. Jan. 30, 2020), the court unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s employment discrimination claims. From the decision: Defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority Bus Company (MTA) failed…

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February 2, 2020 by mjpospis

Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

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February 1, 2020 by mjpospis

Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

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January 25, 2020 by mjpospis

Ironic Lawsuit Against Bank

In recent news, it has been reported that a bank called the police on a black Michigan man because it suspected fraud, upon his attempt to deposit checks – resulting from the settlement of a racial discrimination lawsuit. He is now suing the bank for engaging in race discrimination in a place of public accommodation.

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January 24, 2020 by mjpospis

Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital

In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

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January 23, 2020 by mjpospis

“Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court Holds

In some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…

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January 20, 2020 by mjpospis

Happy Martin Luther King, Jr. Day 2020

Today we celebrate the legacy of Martin Luther King, Jr., who was assassinated in 1968. It is impossible to capture here the breadth and power of Dr. King’s words, actions, and life. His 1963 Letter From a Birmingham Jail (see also here) remains one of the most important documents in U.S. history. Its words –…

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January 6, 2020 by mjpospis

Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient

In Fleurentin v. New York City Health & Hospitals Corp. et al, 18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

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December 18, 2019 by mjpospis

Court Denies Motion for Reconsideration of Summary Judgment Denial in Race Discrimination Case

From JASMINE BROWN, Plaintiff, v. MONTEFIORE MEDICAL CENTER, et al., Defendants., 2019 WL 6878214 (S.D.N.Y., 2019): In my Opinion & Order, I observed that Defendant offered two non-discriminatory reasons “for Plaintiff’s termination: (1) Plaintiff’s act of working shifts during the leave she had been granted on December 5 and 6, 2013; and (2) Plaintiff’s failure…

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December 11, 2019 by mjpospis

Race Discrimination Claim Dismissed; “Crude” etc. Conduct Was Not Discriminatory

In Wiggins v. The Garden City Golf Club, 2019 WL 6716750 (EDNY Dec. 10, 2019), the court, inter alia, held that plaintiff did not make out a race-based hostile work environment claim. Plaintiff (who is black), who worked for defendant as a caddy, claimed that he was subject to discrimination when a white employee placed…

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