Race / Color Discrimination

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In a recent case, Mingo v. The City of Mooresville, No. 5:22-CV-00032-KDB-SCR, 2023 WL 6120962 (W.D.N.C. Sept. 18, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Viewing the facts generously in the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Racially Disparaging Remarks; Disparate Discipline
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Milien v. City of New York et al, 20-CV-480 (MKB), 2023 WL 6050119 (E.D.N.Y. Sept. 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claims, predicated on the alleged denial of overtime opportunities. As to Title VII of the Civil Rights Act of 1964, the court explained:…

Read More Race Discrimination Claims, Based on Alleged Overtime Denial, Survive Summary Judgment
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In Jordan v. Auto Handling Corporation, et al, 2023 WL 5802449 (N.D. Ind. Sept. 6, 2023), the court dismissed plaintiff’s claim of race-based discrimination asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that he experienced “racial incidents” during his employment, including a joke that plaintiff was a “drug…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; “Drug Dealer”, “MLK” Comments Insufficient
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In a recent case, Banks v. General Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment dismissal of plaintiff’s race- and sex-based discrimination and hostile work environment claims. From the decision: In this case, plaintiff-appellant Billie R.…

Read More 2nd Circuit Revives Claims of Race and Sex Discrimination, Hostile Work Environment
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In Johnson v. Auto Handling Corporation et al, 2023 WL 5627071 (N.D. Ind. August 30, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that an employee addressed plaintiff…

Read More “Coolio” Hair Comment Insufficient to Make Out Race-Based Hostile Work Environment, Court Holds
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In Everett v. New York City Department of Education et al, 21 Civ. 7043 (JPC), 2023 WL 5629295 (S.D.N.Y. August 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law applicable to…

Read More Race Discrimination Claim Sufficiently Alleged Against NYC Department of Education, Court Holds
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In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
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In Asad v. Mahoney et al, No. 9686/2011, 2023 WL 4565032, 2023 N.Y. Slip Op. 32625(U) (N.Y. Sup Ct, Kings County July 17, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ race-based hostile work environment claim under the New York City Human Rights (but not the New York State Human…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Threat of Violence, Derogatory Language, and Shorting Work Hours
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In Shaker v. Middle East Media Research Institute, Inc., 2023 WL 5174339 (D.D.C. August 11, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Initially, defendants argued that plaintiff’s § 1981 claims cannot stand because…

Read More Alleged Arab Prejudice Cited as Basis For Denying Motion to Dismiss Title VII Race Discrimination Claim
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