In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict UpheldIn a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…
Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination LawsuitCrump v. NBTY, Inc. et al., 10-cv-632 (WFK) (ETB) (EDNY March 1, 2012) illustrates that even a single, facially neutral (but arguably racist) remark by a supervisor may be enough to proceed to a jury trial on a Title VII discrimination claim. Defendant contended that it fired plaintiff for theft and for improperly using a…
Read More Court Allows Race Discrimination Claim, Based on Single Racist Remark, to Proceed to Jury TrialYesterday SCOTUS granted certiorari in a case brought by a white plaintiff challenging the University of Texas at Austin’s use of race in its admission decisions. The Question Presented, as set forth here, is: “Whether this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003),…
Read More SCOTUS agrees to hear affirmative action caseIn Wong v. Mangone, the Second Circuit recently affirmed a jury verdict in a case brought by Aaron Wong against James Mangone and upheld awards of $200,000 in damages and more than $167,000 in attorneys’ fees. Wong (who is black) alleged that Mangone (who is white) assaulted him while hurling racially derogatory language. In particular,…
Read More Second Circuit affirms jury verdict and $200k damage award following racially-motivated scuffleIn Bennett v. Health Mgt. Sys., Inc., 2011 NY Slip Op. 09206 (N.Y. App. Div. 1st Dept. Dec. 20, 2011), the Appellate Division, First Department for the first time provided “an examination of whether, and to what extent, the three-step burden-shifting approach set forth in McDonnell Douglas v Green (411 US 792 [1973]), must be…
Read More Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights LawIn Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan). Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…
Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 FifthIn Nelson v. HSBC Bank USA (Sept. 13, 2011), the Appellate Division, Second Department clarified the standard governing “hostile work environment” discrimination claims – here, based on the plaintiffs’ race – brought under the NYC Human Rights Law. Following a jury verdict for defendant, the appellate court ordered a new trial, finding that the jury…
Read More Court confirms breadth of hostile work environment claims under NYC Human Rights Law