42 USC § 1981

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In Cadet v. Macy’s, Inc., No. 22-CV-7406 (VSB), 2026 WL 1998595 (S.D.N.Y. July 10, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin-based hostile work environment. As to the issue of whether the alleged conduct was sufficiently “severe” or “pervasive” under 42 USC § 1981…

Read More Race, National Origin Based Hostile Work Environment Claims Against Macy’s Survive Summary Judgment
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In Walker v. CSL Plasma, Inc., No. 6:22-CV-6413-CJS-CDH, 2026 WL 1596200 (W.D.N.Y. June 4, 2026), the court granted defendants’ motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. This case is instructive as…

Read More Retaliation Claims Dismissed on Summary Judgment; Complaint Did Not Involve Accusation of Racism
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In Brooks v. Bright Horizons Family Solutions, Inc., et al, No. 25-1830-CV, 2026 WL 1660493 (2d Cir. June 9, 2026), the U.S. Court of Appeals for the Second Circuit reversed a lower court decision, and held that plaintiff plausibly alleged race discrimination in the form of termination and failure to promote under Title VII of…

Read More Second Circuit Reverses Dismissal of Race-Based Discrimination Claims
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In Dominguez et al v. Mega Mart LLC d/b/a Chestnut Supermarket et al, No. 23-CV-1372 (EK)(PCG), 2026 WL 865824 (E.D.N.Y. Mar. 30, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiffs’ claim of a race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: To plead a hostile work…

Read More Race/Hispanic-Based Hostile Work Environment Claim Sufficiently Alleged Under Section 1981
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In Barnes-Gray v. Northern Indiana Public Service Company LLC, No. 2:23-CV-325-JEM, 2026 WL 591730 (N.D. Ind. Mar. 3, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claims of retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: The methods for…

Read More Retaliation Claims Dismissed; Adverse Action Did Not Occur After Reporting of Racially Offensive Comments
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In Melton v. I-10 Truck Ctr. Inc., No. 23-14175, 2026 WL 319183 (11th Cir. Feb. 6, 2026), the U.S. Court of Appeals for the 11th Circuit vacated the lower court’s decision awarding defendant summary judgment on plaintiff’s claim of a racially hostile work environment under 42 U.S.C. § 1981. From the decision: To prevail on…

Read More Racially Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal; Evidence Included Use of Racial Slur “Boy”
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In Poteat v. CP Development et al, No. 24-3290, 2026 WL 93129 (3d Cir. Jan. 13, 2026), the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s granting of defendants’ motion to dismiss plaintiff’s claims of race discrimination and hostile work environment under 42 U.S.C. § 1981. The court summarized the facts,…

Read More Third Circuit Affirms Dismissal of Race Discrimination Claims Asserted Under 42 U.S.C. § 1981
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In Loiseau et al v. Bozzuto’s Inc. et al, No. CV 3:22-CV-01485 (JCH), 2025 WL 3295434 (D. Conn. Nov. 25, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ race-based hostile work environment claims. The court summarized the black-letter law as follows: To prevail on a hostile work environment claim under…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment
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In Montgomery v. International Brotherhood of Electrical Workers AFL-CIO (IBEW) Local 429 & Conti Corporation, No. 3:23-CV-01262, 2025 WL 3188737 (M.D. Tenn. Nov. 14, 2025), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Race-Based Hostile Work Environment Claims Dismissed; Three Alleged Incidents Were Not “Severe or Pervasive”
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In Izuogu v. Credit Agricole Corporate and Investment Bank, New York, 24 Civ. 4329 (DEH), 2025 WL 2806683 (S.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981. From the decision: To establish…

Read More Hostile Work Environment Claims Dismissed; Remarks, Gossip, False Complaint Did Not Reference Race or National Origin
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