42 USC § 1981

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In Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality Agreement
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court explained: [T]he Court found that Plaintiff sufficiently stated…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Target
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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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In Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…

Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit Authority
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Abdelal v. Police Commissioner Raymond W. Kelly, City of New York, No. 20-1436, 2021 WL 2025173 (2d Cir. May 21, 2021) (Summary Order) (Walker, Leval, Chin), the court vacated the lower court’s order granting defendants’ motion for summary judgment on plaintiff’s claims of discrimination based on his Egyptian national origin, Middle Eastern ancestry, and…

Read More Egyptian / Middle Eastern / Muslim Plaintiff’s Discrimination Claim Survives Summary Judgment
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In Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…

Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-Barred
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In Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…

Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal Vacated
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In Sapio v. Selux Corporation et al, 2021 WL 1568819 (2d Cir. April 22, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s dismissal of plaintiff’s race discrimination claim asserted under 42 USC § 1981. From the Order: The District Court dismissed Sapio’s Section 1981 claim on the…

Read More Race Discrimination Dismissal Vacated; Court Cites Allegedly False Reasons For Termination
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In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
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