Race / Color Discrimination

by

In Mack v. J.M. Smuckers Co., No. 22-3195, 2023 WL 5217705 (10th Cir. August 15, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment claim. Disturbingly, this case involves the alleged use of a vile racial slur. However, this case illustrates that the mere use of the “n-word”…

Read More N-Word Utterance Insufficient to Give Rise to Hostile Work Environment Claim, 10th Circuit Holds
Share This:
by

In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
Share This:
by

In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
Share This:
by

In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
Share This:
by

In Boutin v. Comcast Cable Communications Management, LLC, 3:21-CV-1630 (SVN), 2023 WL 4564375 (D.Conn. July 17, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based discrimination claims. In this case, plaintiff alleges that he was given a smaller raise, resulting from a negative performance evaluation, than he believed was warranted,…

Read More Race Discrimination Claims Against Comcast Survives Summary Judgment
Share This:
by

In EEOC v. 98 Starr Road Operating Co., LLC, 2023 WL 4557751 (D.Vt. July 17, 2023), the court denied defendant’s motion to dismiss plaintiffs’ race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, the complaint alleges repeated incidents of racial insults (including the “n-word”), physical…

Read More Title VII Race-Based Hostile Work Environment Claim, Arising From Patient Conduct, Survives Dismissal
Share This:
by

In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
Share This:
by

In Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Slurs
Share This:
by

In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
Share This: