Race / Color Discrimination

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In Estevez v. S & P Sales and Trucking LLC et al, 17-cv-1733, 2017 WL 5635933 (S.D.N.Y. Nov. 22, 2017), the court held that plaintiff sufficiently alleged a race discrimination claim under 42 U.S.C. 1981. In sum, plaintiff – a male of Hispanic race and Dominican national origin – was terminated by defendants, allegedly on…

Read More Race & National Origin Discrimination Claims Sufficiently Pled; Complaint Sufficiently Alleged That Defendants Treated a Similarly Situated Employee in Different Racial Group More Favorably Than Plaintiff
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In Patel v. City of New York, 2017 WL 4862745 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s failure-to-promote employment discrimination claim. The court summarized the law as follows (paragraphing altered): [C]laims for race and national origin discrimination under Sections 1981 and 1983 are analyzed under the burden-shifting framework…

Read More 2d Circuit: Lack of Qualification Justifies Dismissal of Failure-to-Promote Race/National Origin Discrimination Claims
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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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In Mira v. Kingston et al, 2017 WL 4877290 (2d Cir. 16-4080-cv Oct. 30. 2017) (Summary Order), the Second Circuit held that while the district court should have addressed plaintiff’s requests to amend her complaint, the allegations in that complaint would have been dismissed in any event. Specifically, plaintiff wanted to present claims under 42 U.S.C.…

Read More Hostile Work Environment / Constructive Discharge Claim, Based on “Drug” Remark, Properly Dismissed
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In George v. Professional Disposables Int’l, Inc., 2017 WL 4574806 (S.D.N.Y., 2017), an employment discrimination case, the court denied defendant’s motion for reconsideration of the court’s denial of defendant’s motion for summary judgment. Plaintiff alleged that he was subjected to discrimination and a hostile work environment based on his race, color, and national origin in violation…

Read More Employment Discrimination Claims Continue; Court Denies Reconsideration of Summary Judgment Denial
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In Venezia v. Luxottica Retail North America, Inc., Sunglass Hut Trading, LLC, 2017 WL 4772437 (2d Cir. Oct. 23, 2017) (Summary Order), the Second Circuit affirmed the lower court’s summary judgment dismissal[1]Venezia v. Luxoticca Retail North America Inc., 13-cv-4467, 2015 WL 5692146 (S.D.N.Y. Sept. 28, 2015) of plaintiff’s employment discrimination claims. Plaintiff, a white male,…

Read More Discrimination, Retaliation, Hostile Work Environment Claims Properly Dismissed Against Sunglass Hut
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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In Reid et al v. County of Erie, 2017 WL 4676833 (WDNY Oct. 16, 2017), the court dismissed plaintiff’s race discrimination case, finding that the “written warning” plaintiff received was not an “adverse employment action.” The court explained, inter alia, that (generally), “[n]egative performance evaluations, formal reprimands, and counseling memoranda are not adverse employment actions…

Read More Written Warning Was Not an “Adverse Employment Action”; Race Discrimination Claim Dismissed
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From Lufuluabo v. Nord Anglia Educ. Inc., 2017 NY Slip Op 32175(U) (Sup.  Ct. NY Cty. Index # 159102/16 Oct. 16, 2017): Plaintiff has stated a potentially meritorious claim for discrimination under the NYCHRL. She is a member of a protected class and filed multiple complaints about comments by other employees, lack of diversity, and the negative treatment of…

Read More Plaintiff States Race Discrimination Claims Under the NYS and NYC Human Rights Laws
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