Inference of Discrimination

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In Byrd v. Becerra, Civil Action No. 22-3746 (TSC), 2024 WL 4591438 (D.D.C. Oct. 28, 2024), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination under Title VII of the Civil Rights Act of 1964. As to the “inference of discrimination” element, the court explained: Plaintiff has also pleaded an inference of discrimination…

Read More Title VII Race Discrimination Claim Survives Dismissal; Allegations Included Reassignment of Work to White Colleagues
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In Snowden v. Susan Southerton, County of Sullivan and Sullivan County Adult Care Center, 22-cv-514, 2023 WL 3601654 (S.D.N.Y. May 23, 2023), the court, inter alia, held that plaintiff plausibly alleged claims of race/color discrimination. From the decision: Moreover, plaintiff alleges other facts that indirectly show discrimination by giving rise to a plausible inference of…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Remarks About Hair
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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 Jackson v. Sheraton New York Times Square Hotel, 19-CV-4099, 2021 WL 2255698 (E.D.N.Y. June 3, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim, on the ground that the alleged racial comment was a “stray remark.” From the decision: The plaintiff has not established an inference of discrimination. She cites no evidence, and…

Read More Title VII Race Discrimination Claim Dismissed; “Fat Black Bitch” Comment Was a “Stray Remark”
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In Alvarez v. New York City Department of Education, 2021 WL 1424851 (S.D.N.Y. April 15, 2021), the court, inter alia, held that plaintiff sufficiently alleged her claims of age- and gender-based employment discrimination. The court summarized the law as follows: “The Second Circuit has not created an unbending or rigid rule about what circumstances allow…

Read More Gender & Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital
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In Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…

Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint Dismissed
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In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks…

Read More Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims
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In Hernandez v. New York City Department of Sanitation, 18-CV-1808, 2018 WL 5447540 (S.D.N.Y. Oct. 29, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claims – reasoning that the complaint did “not allege facts sufficient to give rise to an inference of discriminatory intent on the part of Defendants.” Here is its summary of…

Read More Race Discrimination Claims Dismissed Against NYC Dept. of Sanitation
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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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