Race / Color Discrimination

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In Belvin et al v. Electchester Management, LLC, 2022 WL 10586743 (E.D.N.Y. Oct. 18, 2022) – in which plaintiffs assert claims of, inter alia, hostile work environment – the court ruled on various motions in limine filed by the parties. In one motion, defendant asked the court to preclude testimony from two nonparty employees of defendant…

Read More Other-Employee Harassment Relevant to Hostile Work Environment Claim, Court Holds
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In Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…

Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court Rules
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In Lee v. Independent Mechanical, Inc., No. 160681/2017, 2022 WL 4117326, 2022 N.Y. Slip Op. 33032(U) (N.Y. Sup Ct, New York County Sep. 09, 2022), the court , inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Even one racial epithet is inexcusable. A racially hostile work environment…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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Employment discrimination claims are often difficult to assert, since it is not necessarily true that every wrong visited upon an employee will give rise to an actionable legal claim. Consider, for example, an African American employee’s discovery of a “noose” – either made out of a rope or fashioned out of work materials – in…

Read More Noose Incident Insufficient to Survive Summary Judgment on Race-Based Hostile Work Environment Claim
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In Prude v. Logistics One Transport, Inc., No. 1:20-cv-0674, 2022 WL 4120266 (N.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law.…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; “Banana” Incident Was, in Context, Sufficiently “Severe”
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In Europe v. Equinox Holdings, Inc. et al, 20-cv-7787 (JGK), 2022 WL 4124763 (S.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Against Equinox; Evidence Included Accommodation of Client’s Racial Preferences
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In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
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In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
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In Ochoa v. New York City Department of Education, 20-cv-9014 (ALC), 2022 WL 3646208 (S.D.N.Y. Aug. 24, 2022), the court dismissed plaintiff’s claims of race discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff, a teacher,…

Read More NYC Teacher’s Title VII Race Discrimination Claim, Based on Accent Mocking, Dismissed
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