Coded Racism

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In Colbert v. FSA Store, Inc., Health E-Commerce, and Jeremy Miller, 2020 WL 1989404 (SDNY April 27, 2020), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964, SEction 1981 of the Civil Rights Act of 1866, and the New York State and City…

Read More Race Discrimination Complaint Survives Dismissal; Allegations Included “Coded Racial Comments”
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In Cook v. Emblem Health Services Co., LLC,2018 NY Slip Op 30460(U), 2018 WL 1399351 (N.Y.Sup. Ct. March 16, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claim. In reaching this conclusion, it addressed the use of so-called “racially coded” language – i.e., language that is facially benign but that may actually have a…

Read More Race Discrimination Claim Dismissed Against Emblem Health, Notwithstanding Alleged Use of “Racially Coded” Language
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In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
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In Mondesir v. N. Shore LIJ Health Sys., No. 14-CV-6496 (JGK), 2016 WL 6952254 (S.D.N.Y. Nov. 28, 2016), the court dismissed plaintiff’s race discrimination (hostile work environment) claim under 42 U.S.C. § 1981. Plaintiff, a black woman born in Haiti, worked as a medical assistant for defendant. She alleged, among other things, that a manager’s…

Read More Court Discusses “Dog Whistle”, or “Coded”, Racism; Dismisses Race-Based Hostile Work Environment Claim
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