42 USC § 1981

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In Hayes v. G&E Real Estate Management Services d/b/a Newmark, 24-cv-01459 (ER), 2025 WL 769162 (S.D.N.Y. March 11, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. Plaintiff asserted that she suffered discrimination in the form of various “adverse employment actions” – including…

Read More Race Discrimination Claim Survives Dismissal; Under Muldrow Standard, Negative Performance Review Was an “Adverse Employment Action”
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In Rogers v. Voltron Data, Inc., Civil Action No.: 24-84 (RC), 2024 WL 4647644 (D.D.C. Oct. 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and sex discrimination. The court rejected defendants’ allegations that plaintiff’s allegations were “threadbare”, explaining: [Plaintiff’s complaint] contains plenty of “factual matter, accepted as true,…

Read More Race, Sex Discrimination Claims Plausibly Alleged; Allegations Include Less Compensation and Denial of Superior Title
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In Kiseleva v. Mark Greenspan et al, 23-CV-9496 (VEC), 2024 WL 4635463 (S.D.N.Y. Oct. 31, 2024), the court, inter alia, held that plaintiff sufficiently alleged discrimination in violation of 42 U.S.C. § 1981, based on her Slavic Eastern European Eurasian (SEE) heritage. From the decision: Kiseleva has adequately alleged that the misclassification of her as…

Read More Plaintiff Sufficiently Alleges § 1981 Discrimination Claim Based on Slavic Heritage
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In McBride v. C&C Apartment Management LLC et al, 21 Civ. 02989 (DEH), 2024 WL 4403701 (S.D.N.Y. Oct. 1, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s race, national origin, and religion-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.…

Read More Race-Based Hostile Work Environment Claim Dismissed; Corrective Action Followed Alleged “N-Word” Utterance
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In Uzomechina v. Episcopal Diocese of New Jersey, 2024 WL 4336974 (D.N.J. Sept. 26, 2024), the court applied the “ministerial exception” to dismiss plaintiff’s race-based discrimination claim asserted under 42 U.S.C. § 1981. From the decision: With respect to Plaintiff’s sole federal claim under Section 1981, the Diocese Defendants argue that the “[ministerial] exception operates…

Read More Applying “Ministerial Exception,” Court Dismisses Plaintiff’s Race Discrimination Claim
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In Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly Alleged
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In Moore v. Uncle Giuseppe’s Marketplace et al, 22-cv-544 (BMC), 2024 WL 4350691 (E.D.N.Y. Sept. 30, 2024), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 USC § 1981. From the decision: I will assume arguendo, as some district courts within this Circuit have suggested, that “severe and pervasive” may…

Read More Race-Based Hostile Work Environment Claim Dismissed, in Light of “Wrath of God” Employer Response
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In Robert L. Miller, Jr. v. Ascenda USA Incorporated, et al., No. CV-22-02172-PHX-JJT, 2024 WL 4241552 (D.Ariz. Sept. 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. After dismissing plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964…

Read More Section 1981 Race Discrimination Claim, Based on Shift Change Denial, Sufficiently Alleged
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In Drake v. City of Amsterdam Police Department et al, 2024 WL 3969002 (N.D.N.Y. August 28, 2024), the court, inter alia, dismissed plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter law” applicable to these claims,…

Read More Race-Based Hostile Work Environment Claims Dismissed
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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