Race / Color Discrimination

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In Pichardo v. Carmine’s Broadway Feast Inc., No. 1467 4, 2021-00050, 2021 WL 5456247 (N.Y.A.D. 1 Dept. Nov. 23, 2021), the court, inter alia, held (in part) that summary judgment was improperly granted to defendant on plaintiff’s race/color-based hostile work environment claim under the New York City Human Rights Law. After concluding that certain aspects…

Read More Race/Color Hostile Work Environment Claim Survives, In Part, Against Carmine’s Restaurant
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In Walker v. Triborough Bridge and Tunnell Authority et al, 2021 WL 5401483 (S.D.N.Y. Nov. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of race and gender discrimination. This case nicely illustrates a fundamental premise of anti-discrimination law, namely: Discrimination has no place in the workplace. Anti-discrimination laws protect employees when they are subjected…

Read More Hostile Work Environment Claims Dismissed; Abusive Conduct Was Not Connected to Gender or Race
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In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
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In Root v. City University of New York, No. 157151/2020, 2021 WL 4352697 (N.Y. Sup Ct, N.Y. Cty. Sept. 24, 2021) (Amended Sept. 27, 2021), the court held that plaintiff, a white/Caucasian Baruch College professor, sufficiently alleged race discrimination under the New York State and City Human Rights Laws. Plaintiff’s allegations concern a document called…

Read More White Baruch College Professor’s Race Discrimination Claims Survive Motion to Dismiss
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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Johnson v. Ford Motor Company, 2021 WL 3928920 (6th Cir. Sept. 2, 2021), the court reversed the lower court’s Order granting defendant’s motion for summary judgment on plaintiff’s claim of race-based hostile work environment/harassment under 42 U.S.C. § 1981. From the decision: [T]he district court erred in granting summary judgment to Ford on the…

Read More “Intertwined” Race/Sex Harassment Claim Survives Summary Judgment Against Ford Motor Company
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In Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality Agreement
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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