42 USC § 1981

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In James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment
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In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…

Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended Complaint
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In Scarborough v. U.S. Security Associates, Inc., 2019 WL 3369456 (S.D.N.Y. July 26, 2019) – an age and race employment discrimination case – the court denied defendant’s FRCP 12(c) motion for dismissal on the pleadings. Here, plaintiff had filed a complaint in the New York State Division of Human Rights, which issued a “no probable…

Read More Employment Discrimination Case Continues in Federal Court; “Election of Remedies” and Issue Preclusion Arguments Rejected
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Title VII of the Civil Rights Act of 1964 prohibits discrimination because of (among other protected characteristics) race and color. A lesser-known federal law, 42 U.S.C. § 1981, as interpreted, also prohibits race discrimination in the making and enforcing of contracts (including the “at-will” employment relationship). While both prohibit race discrimination in employment, these federal…

Read More SCOTUS Grants Certiorari Petition to Review Causation Standard for Race Discrimination Claims Under 42 U.S.C. § 1981
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In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation
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In a recent case, Francis v. Kings Park Manor, Inc. et al, No. 15-1823-cv (2d Cir. March 4, 2019), the Second Circuit held that a landlord “may be liable under the [Fair Housing Act, 42 U.S.C. §§ 3604(b), 3617] for failing to take prompt action to address a racially hostile housing environment created by one…

Read More Fair Housing Act Reaches Tenant-on-Tenant Racial Harassment, 2d Circuit Holds
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In Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…

Read More Race-Based Hostile Work Environment Claim Dismissed Against UPS
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In Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…

Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY Holds
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In Jones v. Bloomingdale’s, 17-CV-1974, 2018 WL 6067227 (S.D.N.Y. Nov. 20, 2018), the court, inter alia, dismissed plaintiff’s race discrimination case based on defendant’s alleged post-employment discriminatory conduct. From the decision: Nor can Jones salvage his employment discrimination claim, under either § 1981 or Title VII, by relying on Bloomingdale’s allegedly discriminatory conduct after he…

Read More Post-Employment Conduct Did Not Amount to Unlawful Race Discrimination, Court Holds
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From Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order): In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could…

Read More Discrimination Claims Dismissed; Failure to Meet NYC Residency Requirement Rendered Plaintiff Unqualified For Position
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