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.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, DismissedIn 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 DistrictIn 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 DismissalIn 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 InsufficientIn 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 alIn a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1981. After summarizing the relevant law, the court applied it to the facts: Here, Plaintiff’s hostile work environment claims…
Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Walmart et al Under 42 U.S.C. § 1981In Shukla v. Deloitte Consulting LLP, 2020 WL 3181785 (S.D.N.Y. June 15, 2020), the court held, inter alia, that plaintiff sufficiently alleged race/national origin discrimination under the New York City Human Rights Law. The court also dismissed several of plaintiff’s other claims, including his gender, race and national origin discrimination claims under Title VII, Section…
Read More Citing “Expendable Indian” Comment, Court Finds Plaintiff Plausibly Alleged Race/National Origin Discrimination Claim Under the NYC Human Rights LawIn Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law.…
Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Leg Apparel et alIn Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…
Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case