Race / Color Discrimination

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In Wellington v. Spencer-Edwards et al, 2019 WL 2764078 (S.D.N.Y. July 1, 2019), the court, inter alia, dismissed plaintiff’s race-based employment discrimination claim. Plaintiff, who identifies as Black and Hispanic, asserts that she was fired by defendant Spencer-Edwards (who is Black and of Jamaican descent) “because she was friendly with white teachers and staff at the…

Read More Court Dismisses “Interracial Association” Race Discrimination Case
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In Favourite v. 55 Halley Street, Inc., 2019 WL 2226762 (S.D.N.Y. May 23, 2019), the court dismissed plaintiff’s claim of race discrimination under the federal Fair Housing Act (FHA). The court summarized the law as follows: Plaintiff alleges the Defendants engaged in discriminatory housing practices on the basis of race in violation of the Fair…

Read More Court Dismisses “Hostile Housing Environment” Claim Under the Fair Housing Act
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…

Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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Title VII of the Civil Rights Act of 1964 prohibits discrimination because of (among other protected characteristics) race and color. A lesser-known federal law, 42 U.S.C. § 1981, as interpreted, also prohibits race discrimination in the making and enforcing of contracts (including the “at-will” employment relationship). While both prohibit race discrimination in employment, these federal…

Read More SCOTUS Grants Certiorari Petition to Review Causation Standard for Race Discrimination Claims Under 42 U.S.C. § 1981
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The noose is one of the most stark symbols of racism, conjuring up the ugly specter of one of the darkest (and, apparently, continuing) chapters of American history. In a recently-filed lawsuit in the U.S. District Court for the District of South Carolina, captioned Curtis Anthony v. The Boeing Company, 2:19-cv-01656-DCN-BM, the plaintiff alleges, among…

Read More Race Discrimination Lawsuit Against Boeing Includes Allegation Involving Noose
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In Barton v. Unity Health System, 2019 WL 2261446 (2d Cir. May 28, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. On that point, the court explained: [W]e agree with the District Court that Barton has not established a prima facie case of race-based discrimination because she has not…

Read More Supervisor’s Conduct, Even if Motivated by Race, Held Insufficient to Support Race Discrimination Claim
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In Emengo v. Stark, 2019 WL 2206250 (2d Cir. May 22, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s failure-to-promote race/national origin discrimination claim. After summarizing the law, the court explained: While Defendants sufficiently established non-discriminatory reasons for the failure to promote Emengo, he has failed to present sufficient evidence that…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claim
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From Williams v New York City Transit Authority, No. 2017-02335, 505636/16, 2019 N.Y. Slip Op. 02747, 2019 WL 1549176 (N.Y.A.D. 2 Dept., Apr. 10, 2019): We agree with the Supreme Court’s determination that, based on the prior federal determination, the plaintiff is collaterally estopped from asserting the NYSHRL causes of action. The doctrine of collateral…

Read More Employment Discrimination Claims Properly Dismissed on the Ground of Collateral Estoppel
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In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment
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In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”
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