Race / Color Discrimination

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In Melton v. I-10 Truck Ctr. Inc., No. 23-14175, 2026 WL 319183 (11th Cir. Feb. 6, 2026), the U.S. Court of Appeals for the 11th Circuit vacated the lower court’s decision awarding defendant summary judgment on plaintiff’s claim of a racially hostile work environment under 42 U.S.C. § 1981. From the decision: To prevail on…

Read More Racially Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal; Evidence Included Use of Racial Slur “Boy”
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In Palermo v. Luxor Staffing, Inc., No. 3:25-CV-00499, 2026 WL 300771 (M.D. Tenn. Feb. 4, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court summarized the following allegations from plaintiff’s complaint: 19. The harassment was both…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Physical Assault and Verbal Harassment
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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 Hinds v. PSEG Long Island LLC, Long Island Elec. Util. Servco LLC, Nat’l Grid Elec. Servs., LLC, Michael Abrams, & Michael Star, No. 23-CV-08701 (RER) (LGD), 2026 WL 266010 (E.D.N.Y. Feb. 2, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws.…

Read More Discrimination Claims Survive Dismissal; Allegations Include Being Assigned to Work Outside on Sweltering Day
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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 Payne v. NYC Fire Dept., No. 150490/2024, 2026 WL 144437 (N.Y. Sup. Ct. Jan. 09, 2026), the court dismissed the petitioner’s Article 78 proceeding seeking to annul the determination of the New York City Fire Department and the City of New York to terminate his probationary employment as a firefighter. As to petitioner’s race…

Read More Probationary Firefighter’s Termination Upheld; Race Discrimination, Retaliation Claims Insufficiently Alleged
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In Duckett-Holmes v. Planned Parenthood of Greater New York, Inc., No. 159488/2024, 2026 WL 93691 (N.Y. Sup. Ct. Jan. 05, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision illustrates the basic principles governing the pleading of such a claim: In order to state a claim for…

Read More Hostile Work Environment Claim Dismissed; “Bare Legal Conclusions” Insufficient to State a Claim
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In Ellis-Yancey v. Midwest Block & Brick/Quikrete Company, No. 4:25-CV-00822-JMB, 2026 WL 113595 (E.D. Mo. Jan. 14, 2026), the court, inter alia, dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, since they were not administratively exhausted at the U.S. Equal Employment Opportunity Commission. From the decision: Plaintiff’s claims in her…

Read More Race/Color/Gender Discrimination Claims Dismissed, as Not Administratively Exhausted at the EEOC
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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 McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged a retaliation claim under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as…

Read More Title VII Retaliation Claim Sufficiently Alleged; Termination Followed Complaints of Racial Discrimination
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