42 USC § 1981

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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
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In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…

Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged “adverse action” discrimination, based on race (Hispanic), under 42 U.S.C. 1981. (I discussed the court’s holding that the plaintiff sufficiently alleged a race-based “hostile work environment” here.)  From the…

Read More Race Discrimination (Failure-to-Promote) Claim Sufficiently Alleged
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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of a race-based hostile work environment asserted pursuant to 42 U.S.C. § 1981. After summarizing the “black letter” law governing plaintiff’s hostile work environment claim, the court…

Read More Hostile Work Environment Claim, Based on Anti-Hispanic Ridicule, Sufficiently Alleged
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In Belton v. GEO Group, Inc., No. 21-30144, 2021 WL 5832953 (5th Cir. Dec. 8, 2021), the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of plaintiff’s claim of race discrimination claims under, inter alia, 42 U.S.C. 1981. Here, the plaintiff (a black man) claims that they were disciplined more harshly than…

Read More Fifth Circuit Affirms Dismissal of Race Discrimination Claim; Sexual Harassment Allegations Against Plaintiff & White Female Were Not Comparable
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In Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…

Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently Alleged
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In Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…

Read More Race and Sex Discrimination Claims Dismissed Against FINRA
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In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
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In Benedith v. White Plains Hospital, 2021 WL 4555192 (S.D.N.Y. Oct. 4, 2021), the court dismissed plaintiff’s complaint, which asserted claims of race, color, and national origin discrimination (in the form of a failure to hire him as a physician). The court explained: At the pleading stage in an employment discrimination action, a plaintiff must…

Read More Failure-to-Hire Discrimination Claim Dismissed; Alleged “Contradiction” on Website Insufficient
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