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 HoldsThe 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 RightsIn 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 YorkIn 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 PositionIn Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…
Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint DismissedIn Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…
Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment DismissalI just saw the movie “The Green Book,” which chronicles the early 1960’s travels of musician Donald Shirley and his driver/bodyguard Tony Vallelonga. Throughout the movie, Mr. Shirley is subjected to blatant race discrimination (by, for example, not being allowed to eat in the same room as white patrons. The movie is set in 1962,…
Read More The “Green Book” and Public Accommodation DiscriminationIn Diallo v. Whole Foods Market Group, Inc., 2019 WL 140728 (S.D.N.Y. Jan. 9, 2019), the court, inter alia, adopted a Magistrate Judge’s recommendation to deny defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: As to the merits, Whole Foods’ argument on the hostile work environment claim presents a…
Read More Race-Based Hostile Work Environment Claim Survives Summary JudgmentIn Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…
Read More Race-Based Hostile Work Environment Claim Dismissed Against UPSIn Burgis v. City of New York Dept. of Sanitation, 2018 NY Slip Op 33322(U) (NY Sup. Ct. NY Cty. Dec. 20, 2018), the court dismissed plaintiffs’ claims of discriminatory failure to promote. As to the disparate treatment claim, the court explained: Here, as defendant contends, the Court finds that the complaint is devoid of any…
Read More NYC Sanitation Department Wins Dismissal of Discriminatory Failure-to-Promote Claims