42 USC § 1981

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In Sapio v. Selux Corporation et al, 2021 WL 1568819 (2d Cir. April 22, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s dismissal of plaintiff’s race discrimination claim asserted under 42 USC § 1981. From the Order: The District Court dismissed Sapio’s Section 1981 claim on the…

Read More Race Discrimination Dismissal Vacated; Court Cites Allegedly False Reasons For Termination
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In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…

Read More Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.
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In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…

Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Cardwell v. Davis Polk & Wardwell LLP et al, 19-cv-10256, 2020 WL 6274826 (S.D.N.Y. Oct. 24, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. In sum, plaintiff – a law firm associate – alleged (inter alia) that he was suffered a hostile work environment on account of his race, in…

Read More Race-Based Hostile Work Environment Claim Dismissed; Social Ostracism Insufficient
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1981. After summarizing the relevant law, the court applied it to the facts: Here, Plaintiff’s hostile work environment claims…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Walmart et al Under 42 U.S.C. § 1981
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In Shukla v. Deloitte Consulting LLP, 2020 WL 3181785 (S.D.N.Y. June 15, 2020), the court held, inter alia, that plaintiff sufficiently alleged race/national origin discrimination under the New York City Human Rights Law. The court also dismissed several of plaintiff’s other claims, including his gender, race and national origin discrimination claims under Title VII, Section…

Read More Citing “Expendable Indian” Comment, Court Finds Plaintiff Plausibly Alleged Race/National Origin Discrimination Claim Under the NYC Human Rights Law
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