Race / Color Discrimination

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In Serrano v. The City of New York, No. 2023-05750, 2095, 810438/22, 2024 N.Y. Slip Op. 02156, 2024 WL 1723814 (N.Y.A.D. 1 Dept., Apr. 23, 2024), the Appellate Division, First Department reversed a lower court’s order granting defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human…

Read More First Department Revives Race Discrimination, Hostile Work Environment Claims
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her race-based termination claim, asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here is the court’s application of the…

Read More Race-Based Discriminatory Termination Claim Survives Summary Judgment Against Molina Healthcare
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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In Clawson v. The City of Albany Department of Fire & Emergency, 2024 WL 1044531 (2d Cir. March 11, 2024), the U.S. Court of Appeals for the Second Department affirmed the district court’s award of summary judgment on plaintiff’s claim of race-discrimination – specifically, that defendant rescinded plaintiff’s promotion because of his race. From the…

Read More 2d Circuit Upholds Denial of Alleged Race-Based Discriminatory Promotion Rescission
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…

Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-Barred
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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