Race / Color Discrimination

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The Second Circuit last week issued a summary order granding pro se (i.e., self-represented) plaintiff Diane Robinson an opportunity to amend her complaint alleging employment discrimination and retaliation.  The court’s order in Robinson v. Goulet, 12-3606 (May 17, 2013) is here. Plaintiff alleged that her manager, Peter Goulet, discriminated against her on the basis of her sex…

Read More Second Circuit Gives Pro Se Discrimination Plaintiff Another Chance
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Today is Martin Luther King, Jr. Day. Below is a picture of President Lyndon Johnson signing into law the Civil Rights Act of 1964 – one of the broadest-sweeping pieces of civil rights legislation in U.S. history – as Dr. King looks on. The date was July 2, 1964. Here’s video. Title VII of that…

Read More The Content of Their Character
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Last week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney.  Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…

Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law Firm
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Below is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources.  Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…

Read More Race Discrimination Lawsuit Against Mercedes
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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 Upheld
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In 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 Lawsuit
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Crump 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 Trial
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Yesterday 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 case
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In 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 scuffle
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In 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 Law
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