42 USC § 1981

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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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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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In Williams v. Family Health International d/b/a FHI 360 et al, 2025 WL 2506580 (D.D.C. Sept. 2, 2025), the court, inter alia, held that plaintiff did not state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the District of Columbia Human Rights…

Read More Hostile Work Environment Claims Dismissed; Alleged Actions Were “Ordinary, Albeit Unpleasant”, Workplace Conduct
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In Hechavarria v. Scorch Bar & Grill Inc., 23-CV-1743 (NGG) (VMS), 2025 WL 2476346 (E.D.N.Y. Aug. 28, 2025), the U.S. District Court for the Eastern District of New York, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff contends, among other things, that he was engaged in an…

Read More One-Time N-Word Use Sufficient to Defeat Summary Judgment on Race-Based Hostile Work Environment Claims, EDNY Holds
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In Pell v. Yonkers City School District, 2025 WL 2084739 (S.D.N.Y. July 24, 2025), the court granted defendant’s motion to dismiss plaintiff’s race discrimination under 42 U.S.C. § 1981. From the decision: Plaintiff’s Section 1981 is deficient because she does not plausibly allege facts that show her purported mistreatment was because of her race. Although…

Read More Section 1981 Claim Dismissed; Factual Support For Race-Based Discrimination Lacking
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In Tracey Ellis, Jamar Mattox, and Eric King v. Oak Lawn Hyundai, Inc., d/b/a Happy Hyundai and Delila Dedic, 2025 WL 1940375 (N.D.Ill. July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss a plaintiff’s race-based hostile work environment claim. From the decision: In Count II, King brings a claim for hostile work…

Read More Race-Based Hostile Work Environment Sufficiently Alleged, Even Though Some Conduct Was Not Directed at Plaintiff
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