Race / Color Discrimination

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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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In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Dunn v. URS Corp., 2017 WL 5952704 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s claims of discriminatory termination, denials of salary increases, and failure to rehire on the basis of race, in violation of Title VII of the Civil Rights…

Read More 2d Circuit Affirms Dismissal of Race Discrimination Claims; Inference of Discrimination Not Shown
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-0636, 2017 WL 5991757 (S.D.N.Y. Dec. 1, 2017), the SDNY granted in part and denied in part defendant Federal Reserve Bank of New York’s motion to dismiss. As to plaintiff’s claim under the NYC Human Rights Law, the court explained: Plaintiff alleges that Crouch [plaintiff’s…

Read More Race, Color, National Origin Discrimination Claims Survive Against Federal Reserve Bank of New York
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In Matlock-Abdullah v. New York State Department of Labor, 15-cv-0294, 2017 WL 5905564 (N.D.N.Y. Nov. 29, 2017), the court dismissed plaintiff’s claims of, inter alia, hostile work environment. Notably, that claim failed, despite the court’s recognition that the comments plaintiff were “deplorable” and were arguably racial in nature. From the decision: Plaintiff’s argument that co-workers…

Read More Hostile Work Environment Claim Dismissed, Despite “Deplorable”, Arguably Racial Comments
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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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