Race / Color Discrimination

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In Isakov v. HASC Ctr., Inc. Druker, No. 17-CV-5775 (BMC), 2018 WL 1114714 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged a claim for religion-based employment discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that he was treated differently/unfairly after he stopped practicing “Orthodox” Judaism,…

Read More Race, Religious Discrimination Claims Stated Against HASC Center; Plaintiff Alleged Mistreatment Due to Switching From “Orthodox” to “Traditional” Judaism
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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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From Polite v. Khan Funds Management America, Inc., 2018 WL 894394 (S.D.N.Y. Feb. 5, 2018): Even assuming for purposes of this motion that KFMA is subject to Title VII, Plaintiff’s allegations still fail to state a claim for employment discrimination. Plaintiff has not alleged that his co-workers’ comments and behavior were either sufficiently pervasive or…

Read More Racially Hostile Work Environment Claim Dismissed; Humiliation, Teasing etc. Insufficient
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In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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In Canty v. The Dept. of Educ. of the City of New York (Sup. Ct. Kings Cty. 500257/2015 Feb. 1, 2018), the court held, inter alia, that plaintiff – a 61 year-old, African teacher – stated a cause of action for retaliation and discrimination under the NYC Human Rights Law. In sum, the court held that…

Read More Teacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRL
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In Olivier v. County of Rockland et al, 15-CV-8337, 2018 WL 401187 (SDNY Jan. 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim, on the ground that it was based on time-barred conduct. The court began by observing: “Plaintiff’s Amended Complaint appears to rehash— at times in a verbatim fashion—the same time-barred disparate…

Read More Court Dismisses Race-Based Hostile Work Environment Claim, As It Was Based on Time-Barred Conduct
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In Hunt v. Con Edison Co. N.Y.C., 16-CV-0677, 2017 WL 6759409 (E.D.N.Y., 2017), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-promote race discrimination claim under Title VII of the Civil Rights Act of 1964.[1]The court also, inter alia, dismissed plaintiff’s retaliation claims. The court summarized the basic legal framework: To establish a…

Read More Failure-to-Promote Race Discrimination Claim Survives Dismissal
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In Phillips v. City of New York, 2017 WL 6619152 (E.D.N.Y. Dec. 27, 2017), the court held (inter alia) that the plaintiff – an African American woman who formerly held the position of head of the NYC Fire Department’s Equal Employment Opportunity Office – supplied enough information to the court to survive summary judgment on her…

Read More FDNY EEO Head’s Race Discrimination Claim Survives Summary Judgment, Notwithstanding Comparator Dissimilarities
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In Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…

Read More New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the Aggregate
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