Race / Color Discrimination

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Every year on June 19th, as New York City slows down just a bit to observe Juneteenth, I find myself looking out my office window and thinking about a painful historical truth. Juneteenth commemorates June 19, 1865 – the day Union Major General Gordon Granger arrived in Galveston, Texas, to enforce the Emancipation Proclamation. What…

Read More Delayed Justice, Subtle Discrimination: Why Juneteenth Hits Differently for an NYC Employment Lawyer
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In a recent decision involving a claim of race discrimination in employment under Title VII of the Civil Rights Act of 1964, Bravo v. Dallas Indep. Sch. Dist., No. 25-10982, 2026 WL 1531713 (5th Cir. June 1, 2026), the U.S. Court of Appeals for the Fifth Circuit concluded that, notwithstanding the Supreme Court’s recent decision…

Read More Fifth Circuit Finds That SCOTUS’ Ames Decision Did Not Alter Rule Requiring Evidence of a Similarly-Situated Comparator in Title VII Race Discrimination Case
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In Thomasson v. State ex rel. Bd. of Regents of Nevada Sys. of Higher Educ., No. 3:25-CV-00611-MMD-CLB, 2026 WL 1346640 (D. Nev. May 13, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant moves to dismiss…

Read More Title VII Hostile Work Environment Complaint Dismissed For Failure to Satisfy Rule 8’s “Short and Plain Statement” Requirement
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In White v. Harvard Security, LLC, No. 25-CV-0622, 2026 WL 1413549 (E.D. Pa. May 19, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII provides in relevant part that, “it shall be…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed
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In Brown v. CBS News, Inc., No. 152570/2025, 2026 WL 1348982 (N.Y. Sup. Ct. May 10, 2026), the court, inter alia, summarized and applied the law governing the geographic applicability of the New York State and City Human Rights Laws. It summarized the black-letter law as follows: The NYSHRL and NYCHRL each separately prohibit employment…

Read More Court Dismisses NYS and NYC Human Rights Law Claims on Subject Matter Jurisdiction Grounds; Relevant Conduct Occurred Outside New York
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In Damptey v. Truist Bank, No. 6:26-CV-00050, 2026 WL 1358740 (W.D. Va. May 14, 2026), the court granted defendant’s motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. This decision illustrates the context-specific analysis required in these types of cases. From…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged Use of Term “Cotton Picking” Insufficient
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In Burgess v. Alamo Drafthouse et al, No. CV 25-02640 (AHA), 2026 WL 1070905 (D.D.C. Apr. 20, 2026), the court held that plaintiff failed to state a claim for age or race discrimination respectively under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Age, Race Discrimination Claims Dismissed Against Alamo Drafthouse
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In Claybrook v. Freightliner of Arizona, LLC et al, No. 3:25-CV-00633, 2026 WL 1195852 (M.D. Tenn. May 1, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To succeed on a hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Racial Harassment Allegations Deemed Pertinent to Pervasiveness
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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 Caicedo v. BTB 27th Inc., No. 150299/2019, 2026 WL 1047065 (N.Y. Sup. Ct. Apr. 16, 2026), the court, upon defendant’s default, assessed the damages sought by plaintiff on her claims of sexual harassment and race-based harassment, and awarded plaintiff $150,000 in compensatory/emotional distress damages, and $250,000 in punitive damages, under the New York City…

Read More Sexual Harassment, Race-Based Harassment Victim Awarded $150,000 Emotional Distress, $250,000 Punitive Damages, to Plaintiff on Defendant’s Default
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