Race / Color Discrimination

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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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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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