Race / Color Discrimination

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In Clark v. Sampson Regional Medical Center, Incorporated, NO. 5:22-CV-529-FL, 2023 WL 8654920 (E.D.N.C. Dec. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. After reciting the elements that a plaintiff must allege to…

Read More Alleged Harassment by CEO Sufficiently Stated Claim for Race, Sex-Based Hostile Work Environment, Court Holds
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In Hanks v. City of Syracuse, 2023 WL 8889764 (2d Cir. Dec. 26, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination and hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows:…

Read More 2d Circuit Affirms Dismissal of Black Police Officer’s Race-Based Discrimination & Hostile Work Environment Claims
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In Price v. Valvoline, LLC, 2023 WL 8664627 (5th Cir. 2023), the court, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the court held that defendant terminated plaintiff’s employment due to his repeated absenteeism (and thus affirmed the…

Read More Title VII Race-Based Hostile Work Environment Dismissal Affirmed; “Boy” and “You People” Comments Deemed Insufficient in This Case
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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In Holcomb v. Optumhealth, Inc., 2023 WL 6466352 (S.D.N.Y. Oct. 4, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision presents a unique fact pattern that is likely to recur as remote-only work becomes the norm…

Read More Title VII Race Discrimination Claim Dismissed; No Evidence That Plaintiff’s Manager Knew She Was African American
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In Rosenthal v. Roosevelt Island Operating Corporation et al, No. 1105, 154096/21, 2022-03686, 2023 N.Y. Slip Op. 06103, 2023 WL 8193191 (N.Y.A.D. 1 Dept., Nov. 28, 2023), the First Department affirmed the dismissal of plaintiff’s discrimination claims on the grounds of collateral estoppel From the decision: Plaintiff is collaterally estopped from asserting claims of discrimination…

Read More Employment Discrimination Claims Properly Dismissed on Ground of Collateral Estoppel, in Light of Article 78 Determination
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In Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…

Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher Position
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…

Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of Education
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In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
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In Stewart v. City of New York, 2023 WL 6970127 (2d Cir. Oct. 23, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. Among other things, this decision underscores the…

Read More Title VII Retaliation Claim Dismissal Affirmed; Defendant Unaware of “Protected Activity”
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