Race / Color Discrimination

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A recent Southern District of New York decision, Daniel v. T&M Protection Resources LLC (SDNY 13-cv-4384, Feb. 19, 2015), illustrates that even conduct that rises to the level of what may be considered “crude” and “contemptible” may not be (and, in this case, was not) enough to survive summary judgment on a Title VII hostile…

Read More Court Explains That Even “Crude and Contemptible” Conduct May Not Rise to the Level of a Hostile Work Environment
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In Margerum v. City of Buffalo, 2015 NY Slip Op 01378 [24 NY3d 721] (N.Y. Ct. App. Feb. 17, 2015), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that…

Read More Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds
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A recent Eastern District of New York decision, Jones v. City of New York, No. 14-CV-0826 CBA RLM, 2015 WL 502227 (E.D.N.Y. Feb. 5, 2015), illustrates the well-established principle that an employer can fire an employee for any reason as long as the reason is non-discriminatory even if based on reasons that are unbecoming or small-minded,…

Read More Jealousy of Spruned Lover, Rather than Race or National Origin Discrimination, Was Reason for Termination
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In McCaskill v. Shoprite Supermarket (NDNY 1/30/15), the Northern District of New York granted defendant’s motion for summary judgmetn dismissing plaintiff’s race discrimination claim. Stray Remarks As part of his opposition to defendant’s motion, plaintiff contended “that his termination was motivated by racial discrimination because, inter alia, he overheard a derogatory racist remark directed towards…

Read More Court Applies “Stray Remark” Doctrine to Dismiss Race Discrimination Lawsuit Against Shop Rite
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In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law
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Here is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.    

Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” Mergermarket
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In Dunn v. URS Corp., 13-cv-6626 (SDNY Jan. 12, 2015), the Southern District of New York held that plaintiff, an African American man, sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that defendants failed to promote him, paid him less than what similarly situated employees received, failed…

Read More Raises Given to Others Supports Race Discrimination Claim
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In Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…

Read More Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary Judgment
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In Atkins v. Pitney Bowes Management Services et al., decided Jan. 12, 2015, Southern District of New York Judge Koeltl granted defendant’s motion for summary judgment on pro se plaintiff’s Title VII race and religious discrimination and retaliation claims. The court held that defendants proffered a non-discriminatory reason for plaintiff’s termination – namely, plaintiff’s failure…

Read More “You People” Remark Insufficient to Support Race Discrimination Claim
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