Race / Color Discrimination

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In Mondesir v. North Shore-Lij Health System, 2018 WL 2722866 (N.Y. Sup. Ct. No. 150572/2017 June 6, 2018), the court dismissed plaintiff’s race-based hostile work environment employment discrimination claim.[1]Plaintiff filed a Notice of Appeal on June 8, 2018. Specifically, the court rejected plaintiff’s contention that a racially hostile work environment was created by her supervisor’s reference…

Read More Court Dismisses Hostile Work Environment Claim Based on Use of the Word “Girl” Towards Black Woman
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A recent decision, Jackson v. Time Warner Cable Administration LLC, 2018 WL 2371024 (S.D.N.Y. 16-cv-8639 May 18, 2018), illustrates that the proper focus in an employment discrimination case is not whether an employer’s non-discriminatory explanation for the allegedly wrongful action is reliable or true, but rather what motivated the employer. In this case, defendant terminated…

Read More Employment Discrimination Case Against Time Warner Dismissed; Racial Motive Not Shown
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In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed
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In Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to…

Read More Race Discrimination Case Transferred to Brooklyn, Where Only Non-Time-Barred Conduct “Arose” [Romero v. City of New York]
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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…

Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho
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Much has been written about an unfortunate incident in which two black men – Rashon Nelson and Donte Robinson – were arrested while waiting for their friend/colleague in a Philadelphia Starbucks on April 12, 2018. For a recap, this article summarizes what happened and relatively recent developments, including Messrs. Nelson’s and Robinson’s retention of counsel.[1]If you…

Read More On Starbucks, “Sitting While Black,” and Public Accommodation Discrimination
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In Amaya v. Ballyshear LLC et al, 17-cv-1596, 2018 WL 1319003 (EDNY March 14, 2018), the court held, inter alia, that plaintiff (an Ecuadorian woman amd member of the Hispanic race) sufficiently alleged a race-based hostile work environment claim based on anti-Hispanic epithets. The court explained: [T]o survive a motion to dismiss, “a plaintiff need…

Read More Hostile Work Environment Claim Stated Under 42 U.S.C. § 1981 Based on Racial Epithets
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In Cook v. Emblem Health Services Co., LLC,2018 NY Slip Op 30460(U), 2018 WL 1399351 (N.Y.Sup. Ct. March 16, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claim. In reaching this conclusion, it addressed the use of so-called “racially coded” language – i.e., language that is facially benign but that may actually have a…

Read More Race Discrimination Claim Dismissed Against Emblem Health, Notwithstanding Alleged Use of “Racially Coded” Language
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In Hill v. Frontier Telephone of Rochester, Inc., 2018 WL 1256220 (W.D.N.Y., 2018) – a race discrimination/hostile work environment case – the court dismissed plaintiff’s case, finding that there was no issue of fact as to whether the alleged harasser’s conduct could be imputed to the employer. The court explained the law: Where, as here,…

Read More Co-Worker’s Harassment Not Imputed to Employer; Employer’s Response Held Sufficient
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