Race / Color Discrimination

by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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”
Share This:
by

In a recent case, Francis v. Kings Park Manor, Inc. et al, No. 15-1823-cv (2d Cir. March 4, 2019), the Second Circuit held that a landlord “may be liable under the [Fair Housing Act, 42 U.S.C. §§ 3604(b), 3617] for failing to take prompt action to address a racially hostile housing environment created by one…

Read More Fair Housing Act Reaches Tenant-on-Tenant Racial Harassment, 2d Circuit Holds
Share This:
by

The New York City Commission on Human Rights recently released its Legal Enforcement Guidance on Race Discrimination on the Basis of Hair (February 2019). That document provides, inter alia: The New York City Human Rights Law (“NYCHRL”) protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their…

Read More “Hair Discrimination” Enforcement Guidance Issued by NYC Commission on Human Rights
Share This:
by

In Nguedi v. The Federal Reserve Bank of New York, 16-cv-636, 2019 WL 1083966 (S.D.N.Y. March 7, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The [New York City Human Rights Law] “is not a ‘general civility code.’ ” Mihalik, 715 F.3d at…

Read More Hostile Work Environment Claim Dismissed Against Federal Reserve Bank of New York
Share This:
by

In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law. The court…

Read More Race Discrimination Case Dismissed; Loss of License Rendered Plaintiff “Unqualified” For Position
Share This: