Race / Color Discrimination

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In Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…

Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be Vacated
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Langlois v. Hartford Board of Education et al, 2020 WL 6278722 (2d Cir. Oct. 27, 2020) (Summary Order), the court, inter alia, affirmed the dismissal on summary judgment of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court wrote: [W]e agree with the district…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Most Conduct Was “Reasonably Expected” in the School Environment
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In Cardwell v. Davis Polk & Wardwell LLP et al, 19-cv-10256, 2020 WL 6274826 (S.D.N.Y. Oct. 24, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. In sum, plaintiff – a law firm associate – alleged (inter alia) that he was suffered a hostile work environment on account of his race, in…

Read More Race-Based Hostile Work Environment Claim Dismissed; Social Ostracism Insufficient
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In Gausney-Cruz v. City of New York, No. 151766/2020, 2020 WL 5900906 (N.Y. Sup Ct, New York County Sep. 30, 2020), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims on statute of limitations grounds. Specifically, plaintiff filed their complaint alleging unlawful termination approximately seven years after they were terminated. It was undisputed that…

Read More Discrimination Complaint Dismissed as Time-Barred
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Ordinarily I write about decisions issued by New York state courts, federal district courts located in New York, the U.S. Court of Appeals for the 2nd Circuit, and, of course, the U.S. Supreme Court. Here, however, I’ll make an exception and stray from these jurisdictional/geographic limits, in order to discuss a decision issued by the…

Read More “N-Word” Did Not Give Rise to Hostile Work Environment: SCOTUS-Nominee Amy Coney Barrett
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In Toombs v. New York City Housing Authority, 2020 WL 5650423 (2d Cir. Sept. 23, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the law, the court issued the following explanation as to plaintiff’s prima…

Read More Race Discrimination Case Dismissal Affirmed; Vague, Secondhand Comments Insufficient
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In Milord-Francois v. The New York State Office of the Medicaid Inspector General et al, 2020 WL 5659438 (SDNY Sept. 23, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The Court explained that plaintiff’s hostile…

Read More Hostile Work Environment Claim Dismissed; Conduct by Subordinate Employee Held Insufficient
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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