Race / Color Discrimination

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In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining…

Read More City Employee Overcomes Summary Judgment on Race/National Origin Discrimination (Failure-to-Promote) Claim: Evidence Indicated That Plaintiff Was Qualified; Admission of Discrimination Was Not Hearsay
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In Cromwell-Gibbs v. Staybridge Suite Times Square, No. 16 CIV. 5169 (KPF), 2017 WL 2684063 (S.D.N.Y. June 20, 2017), the court dismissed plaintiff’s Title VII race-based hostile work environment claim. The facts, in sum: Plaintiff Merrill Cromwell-Gibbs, an African-American woman, is the former Director of Housekeeping at Defendant Staybridge Suites Times Square [] In 2015,…

Read More N-Word Email Insufficient to Create a Hostile Work Environment, Court Holds
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In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
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In Love v. Premier Util. Servs., LLC, No. 15-CV-5698(ADS)(ARL), 2017 WL 2418268 (E.D.N.Y. June 3, 2017), the court granted plaintiff leave to file an amended complaint to add a claim of a racially hostile work environment. Judge Spatt wrote: Accepting the allegations in the [proposed amended complaint] as true, Dunham is alleged to have witnessed one…

Read More Racially Hostile Work Environment Plausibly Alleged; Allegations Included the Use of the “N-Word”
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In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
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In Tubo v. Orange Reg’l Med. Ctr., No. 16-632-CV, 2017 WL 2180952 (2d Cir. May 17, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination, retaliation, and vacation pay/contract claims. As to her race discrimination claim, the court explained: We agree with the district court that Tubo failed to establish a prima…

Read More 2d Circuit: Race Discrimination, Retaliation, & Vacation Pay Claims Properly Dismissed
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In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she…

Read More Race Discrimination, Hostile Work Environment Claims Continue; Associational Disability Discrimination Claim Dismissed
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In Grimes-Jenkins v. Consolidated Edison Co., No. 16-cv-4897, 2017 WL 2258374 (S.D.N.Y. May 22, 2017), the court held, inter alia, that plaintiff – an African American woman – plausibly alleged gender and race discrimination claims under the NYC Human Rights Law. As to her gender discrimination claim, the court held: The plaintiff makes numerous timely…

Read More Gender, Race Discrimination Claims Plausibly Alleged Under the NYC Human Rights Law Against Con Edison
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In Ahmed v. Astoria Bank et al, No. 16-1389-CV, 2017 WL 1906726 (2d Cir. May 9, 2017) (Summary Order), the Second Circuit vacated a summary to defendants on plaintiff’s claims that she was subjected to a hostile work environment because she is Egyptian and Muslim, in violation of Title VII of the Civil Rights Act…

Read More Egyptian Muslim’s Hostile Work Environment Claim Against Astoria Bank Survives Summary Judgment
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In Johnstone v. Village of Monticello & Gordon Jenkins, No. 16-2225, 2017 WL 1521475 (2d Cir. Apr. 28, 2017) (Summary Order), the Second Circuit affirmed the dismissal of a race-based hostile work environment claim asserted by a white police officer. This case is unique, for at least the reason that the comments giving rise to…

Read More 2d Circuit Affirms Dismissal of White Police Officer’s Hostile Work Environment Case Arising From Anti-White Comments by African American Arrestee
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