Race / Color Discrimination

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In Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…

Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination Claims
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In Butterfield-Bajinan v. City of New York, 2017 WL 4045175 (S.D.N.Y. Sept. 11, 2017), the court granted defendant’s motion to dismiss plaintiff’s Title VII race discrimination claim as insufficiently alleged. The court explained what a plaintiff asserting such a claim must allege: To survive a motion to dismiss, a complaint alleging employment discrimination under Title…

Read More Title VII Race Discrimination Claim Dismissed; Court Cites Lack of Alleged Racial Comments or Favorable Treatment of “Similarly Situated” Caucasian Employees
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleges that she was denied tenure because of her ethnicity, race, and national origin. The court granted plaintiff’s motion to amend her complaint to add a claim under 42 U.S.C. § 1981, finding that plaintiff…

Read More Chinese Professor Plausibly Alleges Intentional Discrimination Under 42 U.S.C. 1981; May Amend Complaint
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From McClarence v. International Union of Operating Engineers Local Union, 2017 WL 3887883, at *2 (E.D.N.Y., 2017): In this case, McClarence’s complaint fails to state a claim under Title VII. McClarence has asserted a bare-bones claim that he was discriminated against on the basis of race or color, but has not identified himself as a…

Read More Complaint Fails to State Title VII, ADA Claim Based on (Unspecified) Race, Criminal Conviction, or Drug Test
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In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017),[1]I wrote about the court’s evaluation of plaintiff’s “disparate treatment” race discrimination claim here. the court recommended the dismissal of plaintiff’s hostile work environment claim. From the decision: Carrington’s factual allegations do not create a plausible inference that she has…

Read More Hostile Work Environment Claim Dismissed; “Nasty Tone” Was Not “Severe”, and Alleged Hostility Was Disconnected From Employee’s Race
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In Kpaka v. City University of New York, 2017 WL 3866642 (2d Cir. 16-3527 Sept. 5, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. The court explained the standards applicable to evaluating the sufficiency of a discrimination claim: To…

Read More Second Circuit Affirms Dismissal of Race Discrimination Claims as Time-Barred and Based on Different Treatment of a Non-Similarly-Situated White Employee
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In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination…

Read More Court Dismisses Race Discrimination Claim; Adverse Action, Inference of Discrimination Insufficiently Alleged
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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In a recent complaint filed in Manhattan federal court, captioned Allen v. Goldman Sachs, SDNY 17-cv-6195 (filed 8/16/17), plaintiff Rebecca Allen – a member of Goldman’s Private Wealth Management Division – alleges (inter alia) that “[a]s a result of [a] pattern and practice of discriminatory conduct, the few Black employees at the Bank are marginalized and…

Read More Race Discrimination Lawsuit Against Goldman Sachs
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In Vaughn v. Empire City Casino at Yonkers Raceway et al, No. 14-CV-10297 (KMK), 2017 WL 3017503 (S.D.N.Y. July 14, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s claim that he was subjected to discrimination – by being terminated and suspended – because of his race, in violation of Title VII…

Read More Race Discrimination Claim Survives Summary Judgment; Evidence Included Supervisor’s Use of the “N-Word” and Favorable Treatment of White Co-Worker
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