42 USC § 1981

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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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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…

Read More Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.
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In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…

Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Cardwell v. Davis Polk & Wardwell LLP et al, 19-cv-10256, 2020 WL 6274826 (S.D.N.Y. Oct. 24, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. In sum, plaintiff – a law firm associate – alleged (inter alia) that he was suffered a hostile work environment on account of his race, in…

Read More Race-Based Hostile Work Environment Claim Dismissed; Social Ostracism Insufficient
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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