In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…
Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates DismissalIn Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to sate a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…
Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit HoldsIn Smith v. The City of New York, No. 153568/2024, 2025 WL 1446812 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and arrest-history discrimination. From the decision: Under both the NYSHRL and NYCHRL, a complaint need only “give fair notice of…
Read More Race and Arrest Record Discrimination Claims Survive Dismissal Against the City of New YorkIn Rowe v. Poplar Grove Operations, LLC, 2025 WL 1184061 (E.D.Ark. April 23, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VI of the Civil Rights Act of 1964. This decision illustrates the “administrative exhaustion” requirement of Title VII, and the importance of including all pertinent…
Read More Title VII Race Discrimination Claim Dismissed as Not Administratively ExhaustedIn Smith v. National Grid USA, 2:21-cv-6899 (NJC) (LGD), 2025 WL 1248676 (E.D.N.Y. April 30, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. From the decision: [T]here are numerous genuine disputes of material fact concerning Smith’s hostile work environment claims—under both the higher federal standard…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Allegations Include “Shine Box” and “Monkey” CommentsIn Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…
Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test SatisfiedIn Browne v. New York State Department of Corrections and Community Supervision, 2025 WL 1177958 (2d Cir. April 23, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award of summary judgment to the defendant on plaintiff’s claim of a race-based hostile work environment under Title VII of the Civil…
Read More Hostile Work Environment Claim Properly Dismissed; Allegedly “Racially Offensive” Poems InsufficientIn Gildyard v. Children’s Network of Southwest Florida, LLC, Case No.: 2:24-cv-702-SPC-KCD, 2025 WL 1093331 (M.D.Fla. April 10, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim, on the ground that plaintiff failed to “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision:…
Read More Race-Based Hostile Work Environment Claim Dismissed on “Administrative Exhaustion” GroundsIn Knox v. CRC Management Co., LLC, No. 23-121, 2025 WL 1057862 (2d Cir. April 9, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court Order dismissing plaintiff’s claims, on summary judgment, of race- and national origin-based termination. From the decision: Knox alleges that Clean Rite’s decision to…
Read More Race, National Origin Discrimination Claims Survive Summary Judgment, 2nd Circuit FindsIn Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: Both the NYSHRL and NYCHRL make it unlawful…
Read More Race Discrimination Claims Sufficiently Alleged; “Dumb Spic” Comments Supported Claim