42 USC § 1981

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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), 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.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In Stanley v. Mount Sinai Health System, Inc. et al, 2023 WL 8355393 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims arising from her complaints about race-based comments allegedly made by plaintiff’s supervisor. (The court granted defendants’ motion for summary judgment as to her hostile…

Read More Retaliation Claims, Arising From “Heightened Scrutiny” Following Complaints of Race Discrimination, Survive Summary Judgment
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In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
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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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