Race / Color Discrimination Archives - Page 74 of 81

May 18, 2015 by mjpospis

Hostile Work Environment Claims Under 42 USC 1981 and State Human Rights Law Continue

In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981.…

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May 1, 2015 by mjpospis

Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim

“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

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April 18, 2015 by mjpospis

Second Circuit Vacates Dismissal of Race Discrimination Claim

In Green v. District Council 1707, a Summary Order issued by the Second Circuit on April 17, 2015, the U.S. Court of Appeals for the Second Circuit vacated a lower court’s order dismissing plaintiff’s race discrimination claim under 42 U.S.C. § 1981. “To survive a motion to dismiss, a discrimination complaint need not allege facts…

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April 13, 2015 by mjpospis

Plaintiff Gets to Jury on Race Discrimination and Hostile Work Environment Claims Against Contractor

Employment discrimination and hostile work environment claims are often difficult to prove, and frequently fail at the summary judgment stage. That is, there are many decisions in which a judge rules that there simply isn’t enough evidence to get to a jury on these issues. In that instance, the court is not taking on the…

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March 23, 2015 by mjpospis

Adverse Unemployment Decision Does Not Preclude Discrimination Claims, Court Holds

In Derrick v. American Intl. Group, Inc. (App. Div. 1st Dept. March 19, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint and denying plaintiff’s motion to amend her complaint. In this case, plaintiff asserts claims for race, national origin, and gender discrimination and harassment. Citing NY…

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March 20, 2015 by mjpospis

Court Explains That Even “Crude and Contemptible” Conduct May Not Rise to the Level of a Hostile Work Environment

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…

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March 13, 2015 by mjpospis

Race and Sex Discrimination Lawsuit Against Seiko

Here is the complaint, captioned Kaoru Parker v. Seiko Corporation et al. (NY Sup. Ct. NY Cty. 152365-2015), recently filed by plaintiff Kaoru Parker against Japanese watchmaker Seiko. Plaintiff alleges, among other things, that she was ordered not to appear at work due to her status as a Japanese woman, in violation of the New…

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February 17, 2015 by mjpospis

Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds

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…

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February 12, 2015 by mjpospis

Jealousy of Spruned Lover, Rather than Race or National Origin Discrimination, Was Reason for Termination

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,…

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February 9, 2015 by mjpospis

Court Applies “Stray Remark” Doctrine to Dismiss Race Discrimination Lawsuit Against Shop Rite

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…

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