Race / Color Discrimination

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In Shukla v. Deloitte Consulting LLP, 2020 WL 3181785 (S.D.N.Y. June 15, 2020), the court held, inter alia, that plaintiff sufficiently alleged race/national origin discrimination under the New York City Human Rights Law. The court also dismissed several of plaintiff’s other claims, including his gender, race and national origin discrimination claims under Title VII, Section…

Read More Citing “Expendable Indian” Comment, Court Finds Plaintiff Plausibly Alleged Race/National Origin Discrimination Claim Under the NYC Human Rights Law
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In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged his race-based discrimination claim 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. From the decision:…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Included Disproportionately Heavy Workload
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Today marks the 53rd anniversary of the Supreme Court’s landmark (unanimous) decision in Loving v. Virginia, 388 U.S. 1 (1967) (J. Warren), in which the Court held that Virginia’s “anti-miscegenation statutes” – laws prohibiting marriages between persons solely on the basis of race – violate the Equal Protection and Due Process Clauses of the Fourteenth…

Read More Loving v. Virginia: Happy (53rd) Anniversary
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In Howell v. United Federation of Teachers Welfare Fund, No. 153234/2017, 2020 WL 2933631, 2020 N.Y. Slip Op. 31713(U) (N.Y. Sup Ct, New York County June 03, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim under the New York State and City Human Rights Laws. As…

Read More Hostile Work Environment Claims Dismissed Against United Federation of Teachers Welfare Fund
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In Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…

Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case
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In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race- and national origin-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state…

Read More Hostile Work Environment Claim Dismissal Affirmed; Insufficient Details Alleged
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In Moultry v. Rockland Psychiatric Center, 2020 WL 2765870 (SDNY May 28, 2020) (J. Roman), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of constructive discharge. From the decision: A “[c]onstructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that…

Read More Constructive Discharge Claim Sufficiently Alleged Against Rockland Psychiatric Center
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In Pardovani v. Crown Building Maintenance Co., 2020 WL 2555280 (SDNY May 20, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: Pardovani offers evidence to suggest that, far from an occasional occurrence, the word “nigger,” and derivations thereof, were used frequently and offensively in…

Read More Race-Based Hostile Work Environment Claims Survive; Evidence Included the Use of the “N-Word”
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In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center
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In Campbell v. Bottling Group, LLC, 2020 WL 2563100 (2d Cir. May 21, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the district court’s dismissal (summary judgment) on plaintiff’s race-based hostile work environment claim. The court summarized the well-established black-letter law relating to hostile work environment claims: To establish a claim for hostile work…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; “Stink” Comment Insufficient
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