42 USC § 1981

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In Stewart v. City of New York, 2023 WL 6970127 (2d Cir. Oct. 23, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. Among other things, this decision underscores the…

Read More Title VII Retaliation Claim Dismissal Affirmed; Defendant Unaware of “Protected Activity”
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2023 WL 6626120 (E.D.Pa. Oct. 11, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination and race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to plaintiff’s…

Read More A “Thousand Cuts”: Title VII Hostile Work Environment Claims Survive Summary Judgment
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In Sokolovsky v. Silver Lake Specialized Care Center et al, 21-CV-01598 (MKB), 2023 WL 5977298 (E.D.N.Y. Sept. 14, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment (based on her national origin and religion) under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New…

Read More National Origin, Religion-Based Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Shaker v. Middle East Media Research Institute, Inc., 2023 WL 5174339 (D.D.C. August 11, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Initially, defendants argued that plaintiff’s § 1981 claims cannot stand because…

Read More Alleged Arab Prejudice Cited as Basis For Denying Motion to Dismiss Title VII Race Discrimination Claim
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In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
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In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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