Race / Color Discrimination

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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…

Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-Barred
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Etienne v MTA New York City Transit Authority, No. 155727/22, 1567, 2023-02797, 2024 N.Y. Slip Op. 00372, 2024 WL 330868 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the New York Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination and hostile work environment…

Read More Race, National Origin, Religion Discrimination & Hostile Work Environment Claims Held Properly Dismissed Against the NYC Transit Authority
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