Race / Color Discrimination

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Here is the recently-filed complaint alleging race discrimination against People Magazine and others. Plaintiff, who worked as a Senior Editor at People, alleges that she was subjected to racially discriminatory comments and undermined, ignored, and ultimately fired because of her race. She also alleges the existence of an “openly espoused discriminatory worldview at People Magazine” that…

Read More Race Discrimination Lawsuit Against People Magazine
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In Lapaix v. City of New York (decided Aug. 12, 2014), the Southern District of New York held that plaintiff – a retired Marine Colonel – adequately pleaded various employment discrimination claims. Here’s plaintiff’s complaint. Initially the court held that plaintiff stated military status discrimination claims under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the New…

Read More Retired Marine States Military Status, Race, and National Origin Discrimination Claims
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In Abrams v. Department of Public Safety, decided July 14, 2014, the Second Circuit vacated summary judgment in defendants’ favor on plaintiff’s race discrimination claims under Title VII and the Equal Protection Clause (pursuant to 42 U.S.C. § 1983). Plaintiff, an African American detective, argued that he was discriminated against by, among other things, not being…

Read More “Better Fit” Remarks Sufficient to Defeat Summary Judgment in Race Discrimination Case, Second Circuit Holds
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The U.S. Equal Employment Opportunity Commission filed a federal lawsuit on July 31, 2014 against Seapod Pawnbrokers, a Brooklyn and Queens-based business, alleging that its owner harassed workers because of their sex, race, and ethnicity, and then fired them for complaining. According to the agency’s press release, the harassment included referring to employees, most of whom were…

Read More EEOC Lawsuit Alleges Sexual Harassment, Hostile Work Environment, Race Discrimination, National Origin Discrimination, and Retaliation Against Seapod Pawnbrokers
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Here is the sexual harassment lawsuit, captioned Maysa Abdel-Razeq v. Alvarez & Marsal, Inc. et al., 14-CV-5601, recently filed in the Southern District of New York against defendants Alvarez & Marsal, Inc., Paul Aversano, Anthony Caporrino, and Joel Poretsky. Plaintiff alleges that she was subjected to hostile work environment sexual harassment and race discrimination, and then…

Read More Lawsuit Alleges Hostile Work Environment Sexual Harassment, Race Discrimination, and Retaliation Against Alvarez & Marsal and Others
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Kirkland v. Cablevision Systems, decided by the Second Circuit on July 25, 2014, is an example of when summary judgment is inappropriate in an employment discrimination case. The court vacated the district court’s grant of summary judgment for defendant employer Cablevision Systems on pro se plaintiff Garry Kirkland’s race discrimination and retaliation claims under Title VII of…

Read More Second Circuit Vacates Summary Judgment for Employer in Race Discrimination Case
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In Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…

Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”
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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Battle v. Carroll, the Western District of New York denied defendants’ motion for summary judgment on plaintiff’s Title VII race discrimination claim. Plaintiff Ola Battle, a black woman, worked for 17 years as a Holiday Inn housekeeper until she was fired following an expletive-laced confrontation with her supervisor, David Carroll, in which she told him…

Read More Supervisor’s “You People” Remark Supports Race Discrimination Claim
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In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
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