Race / Color Discrimination Sufficiently Alleged

In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Read More Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator
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In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In Clark v. Sampson Regional Medical Center, Incorporated, NO. 5:22-CV-529-FL, 2023 WL 8654920 (E.D.N.C. Dec. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. After reciting the elements that a plaintiff must allege to…

Read More Alleged Harassment by CEO Sufficiently Stated Claim for Race, Sex-Based Hostile Work Environment, Court Holds
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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In Gibson v. 526 W. 158th St. Hous. Dev. Fund Corp., 2023 NY Slip Op 05686 (N.Y. App. Div. Nov. 14, 2023), the court unanimously affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging housing discrimination. From the decision: The motion court correctly determined that plaintiff’s second amended complaint adequately pleaded…

Read More Housing Discrimination Claim, Based on Denial of Application, Sufficiently Alleged
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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