Race / Color Discrimination

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In Wallace v. Cheng, No. 159691/2023, 2025 WL 1116760 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court granted defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human Rights Laws. From the decision: By decision and order dated May 12, 2022, the federal district…

Read More Federal Court Factual Findings Warrant Dismissal of New York State, City Human Rights Law Race Discrimination Claims
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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to state a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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In Protopappas v. Trustees of the Spence School, Inc., No. 158193/2024, 2025 WL 1422502 (N.Y. Sup Ct, New York County May 14, 2025), the court, inter alia, denied defendants’ motion for plaintiff to provide a “more definite statement” of what is set forth in their complaint. From the decision: Defendants contend that plaintiff’s complaint is…

Read More Court Denies Motion for More Definite Statement of Employment Discrimination Complaint
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In Smith v. The City of New York, No. 153568/2024, 2025 WL 1446812 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and arrest-history discrimination. From the decision: Under both the NYSHRL and NYCHRL, a complaint need only “give fair notice of…

Read More Race and Arrest Record Discrimination Claims Survive Dismissal Against the City of New York
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In Rowe v. Poplar Grove Operations, LLC, 2025 WL 1184061 (E.D.Ark. April 23, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VI of the Civil Rights Act of 1964. This decision illustrates the “administrative exhaustion” requirement of Title VII, and the importance of including all pertinent…

Read More Title VII Race Discrimination Claim Dismissed as Not Administratively Exhausted
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In Smith v. National Grid USA, 2:21-cv-6899 (NJC) (LGD), 2025 WL 1248676 (E.D.N.Y. April 30, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. From the decision: [T]here are numerous genuine disputes of material fact concerning Smith’s hostile work environment claims—under both the higher federal standard…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Allegations Include “Shine Box” and “Monkey” Comments
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In Smart, Kathyann v. USA Labor for Hire, Inc., RC Global Energy Group, Inc., Oleg Tsimbler, No. 24-1791, 2025 WL 1217365 (2d Cir. April 28, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s denial of defendant’s motion for new trial or remittitur on plaintiff’s claims of hostile…

Read More 2nd Circuit Holds That Jury Properly Found Hostile Work Environment, Based on Racially Derogatory and Sexist Language,
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In Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…

Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test Satisfied
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