Race / Color Discrimination

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In Walker v. H & M Henner & Mauritz LP, 16-cv-03818 (SDNY Sept. 16, 2016), the court granted the plaintiff’s motion to quash subpoenas that defendant proposed to serve on plaintiff’s former and current employers and schools she attended, in order to support its “after acquired evidence” defense. Defendant argued that “during the course of…

Read More Court Quashes Subpoenas to Obtain Prior Employment Information to Support “After Acquired Evidence Defense” in Race Discrimination Case
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A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be…

Read More Court Rejects Motion to Amend Complaint to Add Retaliation Claim; Informal Reprimands Were Not “Adverse Employment Actions”
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In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment
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In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
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In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the…

Read More Race-Based Hostile Work Environment Claim Survives Under the New York City (But Not New York State) Human Rights Law
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In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a…

Read More SDNY Explains Discriminatory Pay, Retaliation Pleading Deficiencies
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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