42 USC § 1981

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In Capek v. BNY Mellon, N.A., No. 15-cv-4155, 2016 WL 2993211 (S.D.N.Y. May 23, 2016) the court denied defendant’s motion to dismiss plaintiff’s race and religious discrimination claims. Plaintiff alleged in her federal court complaint, e.g., that “[i]n the mistaken belief that [she] is Jewish, she was required by her managers to cultivate clients in…

Read More Work Assignments Based on Perceived Jewish Faith Supports Race/Religious Discrimination Claims, Court Holds
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In Kasiotakis v. Macy’s Retail Holdings, Inc., No. 14 CIV. 462 CM, 2015 WL 6125356 (S.D.N.Y. Oct. 16, 2015), the court granted defendant Macy’s motion for summary judgment as to plaintiff’s national origin discrimination complaint. The court explained that plaintiff failed to prove “pretext” as part of the burden-shifting analysis as provided for by  McDonnell…

Read More Greek Ancestry Not Connected to Termination; Discrimination Case Dismissed
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In Salem v. Royal Air Maroc, No. 15-CV-5909 (KBF), 2016 WL 1717219, (S.D.N.Y. Apr. 28, 2016), the Southern District of New York dismissed plaintiff’s claims of discrimination occurring in Egypt, arising from conduct by agents of a foreign entity (Royal Air Maroc). Judge Forrest held that “neither federal nor state and local discrimination laws protect [plaintiff] against…

Read More Discrimination Claims Arising From Conduct Outside U.S. Dismissed
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In a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age, race, and gender discrimination against the New York Times. From the complaint: The New York Times, widely touted as the “paper of record,” has…

Read More Age, Race, Gender Discrimination Lawsuit Against the New York Times
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In Guzman v. Concavage Marine Constr. Inc., No. 14-CV-8587 (KMK), 2016 WL 1273285 (S.D.N.Y. Mar. 31, 2016), the court denied defendants’ motion to dismiss/strike plaintiff’s allegation that he suffered a physical workplace injury as a result of his employer’s owner’s racist attitude towards him, in violation of 42 U.S.C. 1981. This decision is instructive as…

Read More Hostile Work Environment Claim Arising From Alleged Racism-Caused Bodily Injury Proceeds
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In Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…

Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights Law
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In a recent complaint, captioned Johnson v. J. Walter Thompson U.S.A., LLC et al, SDNY 16-cv-01805 filed March 10, 2016, plaintiff asserts various employment-related claims – including gender discrimination, race discrimination, hostile work environment, sexual harassment, and retaliation – against J. Walter Thompson and its Chair/CEO Gustavo Martinez. Among the disturbing allegations: Despite Johnson’s success as…

Read More Race/Gender Discrimination, Sexual Harassment, Hostile Work Environment, Retaliation Lawsuit Against J. Walter Thompson and Gustavo Martinez
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In Brailsford v. Zara USA, Inc., No. 14 CIV. 6999 (LGS), 2016 WL 626560 (S.D.N.Y. Feb. 16, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s employment (race) discrimination claims, asserted under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, against Zara. In sum, plaintiff alleges that while working…

Read More Court Dismisses Race Discrimination, Hostile Work Environment Claims Against Zara
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In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…

Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination Laws
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A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…

Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit
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