42 USC § 1981

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In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining…

Read More City Employee Overcomes Summary Judgment on Race/National Origin Discrimination (Failure-to-Promote) Claim: Evidence Indicated That Plaintiff Was Qualified; Admission of Discrimination Was Not Hearsay
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In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
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In Berrie v. Bd. of Educ. of Port Chester-Rye Union Free Sch. Dist., No. 14-CV-6416 (CS), 2017 WL 2374363 (S.D.N.Y. May 31, 2017) (J. Seibel), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Hostile Work Environment Claims Dismissed in Light of Plaintiff’s Failure to Utilize Harassment Reporting Procedures
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In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis…

Read More Court Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex Hostile Work Environment Case
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In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
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In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal…

Read More NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly Dismissed
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In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
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In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS),…

Read More Court Cites and Applies the Doctrine of “Constructive Involuntary Transfer” in Teachers’ Race Discrimination Case Against the New York City Department of Education
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Here is the recently-filed lawsuit, captioned Springs v. City of New York et al (SDNY 17-cv-00451), in which a black firefighter alleges that he endured sexual hazing and race discrimination. Among other things, plaintiff alleges that one defendant told him “I don’t like you … blacks getting on the job this way. You don’t have good…

Read More Lawsuit Alleges Sexual Hazing and Race Discrimination at NY Fire Dept.
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In Green v. Avis Budget Grp., Inc., No. 11-CV-00269V(F), 2017 WL 35452 (W.D.N.Y. Jan. 4, 2017), the court dismissed plaintiff’s employment discrimination (disparate treatment), hostile work environment, and retaliation claims. Here I’ll discuss the court’s evaluation of the “adverse employment action” element of the prima facie case[1]“To establish a prima facie case of employment discrimination…

Read More Criticism of Work, Failure to Provide Desired Schedule (Etc.) Were Not “Adverse Employment Actions”
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