Race / Color Discrimination

by

In a recent lawsuit, captioned Maurice v. Lynsey Plasco-Flaxman and Joel Plasco, 18-cv-08841 (S.D.N.Y. Sept. 26, 2018), plaintiff, a nanny, accuses her new employers of race discrimination. The basis of her suit is a text message she received from defendant Lynsey – stating “NOOOOOOOOOOO ANOTHER BLACK PERSON” – that was apparently meant for her husband.…

Read More Nanny Accuses Employers of Race Discrimination
Share This:
by

In Dawson v. William Brock Long, Administrator of the Federal Emergency Management Agency, 2018 WL 4519199 (S.D.N.Y. Sept. 20, 2018), the court adopted a Magistrate Judge’s Report & Recommendation that defendant’s summary judgment motion be granted on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964. After agreeing that…

Read More Magistrate’s Dismissal of Title VII Race Discrimination Claim Against FEMA Adopted
Share This:
by

In Berrie v. Board of Education of Port Chester-Rye Union Free School District, 2018 WL 4462587 (2d Cir. Sept. 18, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination/hostile work environment claims. This case illustrates how courts apply the “severe or pervasive” standard when evaluating hostile work environment claims. Here, unfortunately,…

Read More Hostile Work Environment Claims Dismissed; Eleven Incidents Over Five Years Insufficient
Share This:
by

In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Employment Discrimination Claims Against NYS Dept. Motor Vehicles Dismissed on Sovereign Immunity (Eleventh Amendment) Grounds
Share This:
by

In Johnson v. Schmid et al, 17-3196 (2d Cir. Sept. 7, 2018) (Summary Order), an employment (race) discrimination case asserted under Title VII of the Civil Rights Act of 1964, the Second Circuit affirmed the district court’s award of summary judgment to defendants. Plaintiff, a black social worker trainee, proffered three grounds for why his…

Read More Title VII Race Discrimination Dismissal Affirmed; Comparators Were Not “Similarly Situated;” Racial Slur Introduced Too Late
Share This:
by

From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
Share This:
by

In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims
Share This:
by

In Assue v. UPS, INC., 2018 WL 3849843 (S.D.N.Y. 2018), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination claims. From the decision: Plaintiff also attempts to raise an inference of discrimination by pointing to his purportedly unfair assignments and the denial of a work-issue laptop and encrypted USB flash drive.16 Any…

Read More Race Discrimination Claim Dismissed; Subjective Belief Insufficient; Alleged Harasser Was an “Equal Opportunity Offender”
Share This:
by

In Karimian v. Time Equities, Inc., 2018 NY Slip Op 05583 (App. Div. 2nd Dept. Aug. 1, 2018), the court, inter alia, affirmed the dismissal of plaintiff’s claims of employment discrimination, hostile work environment, and retaliation. The court explained that while “a cause of action asserted pursuant to NYCHRL must be analyzed independently from similar or identical…

Read More NYC Human Rights Law Claims Barred by Collateral Estoppel [Karimian v. Time Equities]
Share This:
by

In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 USC 1981, but denied it with respect to plaintiff’s race discrimination claim…

Read More Race Discrimination (Termination) Claim Survives Under City, But Not Federal, Law
Share This: