Race / Color Discrimination – Page 71

December 27, 2011 by mjpospis

Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights Law

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…

African American Partygoers Can Continue Race Discrimination Suit Against 230 Fifth

In 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…

Court confirms breadth of hostile work environment claims under NYC Human Rights Law

In 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…