Race / Color Discrimination Sufficiently Alleged

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In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…

Read More Race-Based Constructive Discharge Claim Sufficiently Alleged
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In Osinubi v. Sanofi Pasteur, Inc. et al, No. 1:25-CV-12262-JEK, 2026 WL 986193 (D. Mass. Apr. 13, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: A hostile work environment is one that is “ ‘pervaded by harassment or abuse, with the resulting intimidation, humiliation,…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged
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In Gates, Nicole v. New York City Human Resources Administration, No. 24-CV-5310 (NRM), 2026 WL 523115 (E.D.N.Y. Feb. 25, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff sufficiently alleged that they were subjected to…

Read More Title VII Race Discrimination Sufficiently Alleged; Allegations Included Use of “Racially Charged Code Words”
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In Pablo Munoz, Jr. v. Dart Container Corp. of Illinois, No. 25 CV 8707, 2026 WL 458453 (N.D. Ill. Feb. 18, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and national origin-based hostile work environment claims. From the decision: A complaint alleging discrimination under Title VII need only aver that the…

Read More Race, National Origin Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Revan v. University of Denver Department of Campus Safety, No. 25-CV-00528-NYW-CYC, 2026 WL 376809 (D. Colo. Feb. 11, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie claim for…

Read More Title VII Sex & Race Based Hostile Work Environment Sufficiently Alleged
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In Schwartz v. J. Nazmiyal, Inc., No. 151276/2025, 2026 WL 301047 (N.Y. Sup. Ct. Jan. 28, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of employment discrimination. From the decision: Defendants argue that plaintiff cannot establish the fourth necessary element, that an adverse action occurred under circumstances giving rise to an…

Read More Race Discrimination Sufficiently Alleged; Comparators Not a Mandatory Requirement
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In Daryl Whitfield v. Kristi Noem, No. 2:25-CV-04499-HDV-PDX, 2026 WL 1270812 (C.D. Cal. Jan. 9, 2026), the court held that plaintiff sufficiently alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: Defendant asserts that Plaintiff’s SAC does not state a racial discrimination claim because it is…

Read More Title VII Race Discrimination Claim Sufficiently Alleged; Court Confirms That a Plaintiff Need Not Provide Evidence in a Complaint to Survive Dismissal
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Samah v. Takeda Pharmaceuticals U.S.A., Inc., No. 1:25-CV-10158-JEK, 2026 WL 63399 (D. Mass. Jan. 8, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. From the decision: Counts 5 and 9 assert that Takeda violated Title VII and Chapter 151B, respectively, by subjecting Samah to a racially…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal
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In Holloway v. Fort Bend Independent School District, No. 4:24-CV-2014, 2025 WL 3158133 (S.D. Tex. Nov. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for discrimination, based on her reassignment, in violation of Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for…

Read More Title VII Race/Color Discrimination Claim, Based on Reassignment, Survives Dismissal
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