42 USC § 1981

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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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In Spann v. FedEx Freight, Inc., 2025 WL 1938355 (5th Cir. July 15, 2025), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: A hostile work environment claim is composed of a series…

Read More Race, Gender Hostile Work Environment Claims Properly Dismissed: Fifth Circuit
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In Edwards, Robert v. JBS Souderton, Inc., CIVIL ACTION No. 23-1789, 2025 WL 1888204 (E.D.Pa. July 8, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim, based on the alleged use of a racial slur, in violation of 42 U.S.C. § 1981. From the decision: To state a…

Read More Race-Based Hostile Work Environment Claim, Based on Alleged Use of “Moyo” Slur, Survives Motion to Dismiss
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In Esqueda, M.D., Jonathan v. NYU Langone Hospitals, 2025 WL 1785870 (SDNY June 27, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. After summarizing the black-letter law applicable…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Mocking of Accent Insufficient
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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 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 Noh v. Admarketplace, Inc., 24 Civ. 2107 (ER), 2025 WL 965882 (S.D.N.Y. March 28, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex- and race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and City…

Read More Hostile Work Environment Claim, Based on Race and Sex, Survive Dismissal
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In Hamilton v. Siemens Healthcare Diagnostics, Inc., 2025 WL 863572 (S.D.N.Y. March 18, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff alleges that he experienced “a pattern of activity aimed at bringing about [his] resignation.” (Am. Compl.…

Read More Hostile Work Environment Claims Dismissed; Allegations Failed to Rise to the Level of “Severe or Pervasive”; Causation Not Shown
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In Hayes v. G&E Real Estate Management Services d/b/a Newmark, 24-cv-01459 (ER), 2025 WL 769162 (S.D.N.Y. March 11, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. Plaintiff asserted that she suffered discrimination in the form of various “adverse employment actions” – including…

Read More Race Discrimination Claim Survives Dismissal; Under Muldrow Standard, Negative Performance Review Was an “Adverse Employment Action”
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In Rogers v. Voltron Data, Inc., Civil Action No.: 24-84 (RC), 2024 WL 4647644 (D.D.C. Oct. 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and sex discrimination. The court rejected defendants’ allegations that plaintiff’s allegations were “threadbare”, explaining: [Plaintiff’s complaint] contains plenty of “factual matter, accepted as true,…

Read More Race, Sex Discrimination Claims Plausibly Alleged; Allegations Include Less Compensation and Denial of Superior Title
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