Race / Color Discrimination

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In Williams v. County of Nassau, 2020 WL 2703675 (2d Cir. May 26, 2020)) (Summary Order), the Second Circuit, inter alia, affirmed the lower court ‘s summary judgment dismissal of plaintiff’s hostile work environment claim. From the decision: [T]he existence of the carvings at issue, though highly offensive, were not under the specific circumstances here…

Read More Hostile Work Environment Dismissal Affirmed; Alleged Racist Etchings Insufficient
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In Pardovani v. Crown Building Maintenance Co., 2020 WL 2555280 (SDNY May 20, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: Pardovani offers evidence to suggest that, far from an occasional occurrence, the word “nigger,” and derivations thereof, were used frequently and offensively in…

Read More Race-Based Hostile Work Environment Claims Survive; Evidence Included the Use of the “N-Word”
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In Campbell v. Bottling Group, LLC, 2020 WL 2563100 (2d Cir. May 21, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the district court’s dismissal (summary judgment) on plaintiff’s race-based hostile work environment claim. The court summarized the well-established black-letter law relating to hostile work environment claims: To establish a claim for hostile work…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; “Stink” Comment Insufficient
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In Taylor v. Dollar Tree Stores, 2020 WL 2478663 (EDNY May 13, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claims. From the decision: Taylor’s allegations about his co-workers, including that they verbally abused him cannot be the basis of a hostile work environment claim, because there is an…

Read More Race/National Origin-Based Hostile Work Environment Claims Dismissed Against Dollar Tree Stores
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. On the race discrimination claim,…

Read More Firefighter’s Race Discrimination Claims Dismissed; Comments Were “Stray Remarks”
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In Colbert v. FSA Store, Inc., Health E-Commerce, and Jeremy Miller, 2020 WL 1989404 (SDNY April 27, 2020), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964, SEction 1981 of the Civil Rights Act of 1866, and the New York State and City…

Read More Race Discrimination Complaint Survives Dismissal; Allegations Included “Coded Racial Comments”
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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified
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From Mohan v The City of New York, No. 151018/2019, 2020 WL 1546404, 2020 N.Y. Slip Op. 30729(U), 5 (N.Y. Sup Ct, New York County Mar. 03, 2020): As it pertains to plaintiff’s claims of discrimination, the court finds that plaintiff has not proffered evidence suggesting that on the basis of her race, gender, or…

Read More Race, Gender, National Origin Discrimination Claims Dismissed Against City of New York
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In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance
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