Race / Color Discrimination

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In Chislett v. New York City Department of Education, No. 24-972-cv, 2025 WL 2725669 (2d Cir. Sept. 25, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s award of summary judgment on plaintiff’s race-based hostile work environment claim. As it was undisputed that plaintiff subjectively perceived the environment…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment Against the NYC Department of Education
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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In Oji v. Douglas A. Collins, Secretary, Department of Veterans Affairs, 2025 WL 2624975 (E.D.N.Y. Sept. 11, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment. From the decision: Though it is undisputed that Plaintiff subjectively viewed his working environment as a hostile one, Plaintiff has cited…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Comments by Non-Supervisor Held Insufficient
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In Garcia v. Westhampton Primary Care, Maria Barlowe, Marie Alessi, and StaffCo of Brooklyn, LLC, 2025 WL 2614945 (E.D.N.Y. Sept. 10, 2025), the court, inter alia, held that plaintiff plausibly alleged a race-based hostile work environment claim ,as well as for a retaliatory hostile work environment, in violation of Title VII of the Civil rights…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal
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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In Hechavarria v. Scorch Bar & Grill Inc., 23-CV-1743 (NGG) (VMS), 2025 WL 2476346 (E.D.N.Y. Aug. 28, 2025), the U.S. District Court for the Eastern District of New York, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff contends, among other things, that he was engaged in an…

Read More One-Time N-Word Use Sufficient to Defeat Summary Judgment on Race-Based Hostile Work Environment Claims, EDNY Holds
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In Nash v. City of Cincinnati et al, 2025 WL 2403821 (S.D.Ohio Aug. 19, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Defendants next move to dismiss Plaintiff’s hostile work environment claim. (Motion, Doc. 4, Pg. ID 42.) Title VII protects an employee who…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Events, While “Troubling,” Were Too Remote
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In Kennedy v. Ceva Logistics U.S., Ing., No. 3:23-cv-01362, 2025 WL 2231049 (M.D.Tenn. Aug. 5, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race-based hostile work environment under Title VII of the Civil Rights Act of 1964. As to the element of “severity”, the court explained: CEVA attempts…

Read More Race-Based Hostile Work Environment Survives Summary Judgment; Evidence Included Alleged Use of N-Word & Slave-Related Comment
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