Race / Color Discrimination

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In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks…

Read More Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims
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In Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, denied defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based employment discrimination claim.[1]The court also, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From…

Read More Race Discrimination Claim Survives Motion to Dismiss; Allegations Included Pay Raise Granted to White Employees, Denied to Black Plaintiff
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In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case
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In Jones v. Bloomingdale’s, 17-CV-1974, 2018 WL 6067227 (S.D.N.Y. Nov. 20, 2018), the court, inter alia, dismissed plaintiff’s race discrimination case based on defendant’s alleged post-employment discriminatory conduct. From the decision: Nor can Jones salvage his employment discrimination claim, under either § 1981 or Title VII, by relying on Bloomingdale’s allegedly discriminatory conduct after he…

Read More Post-Employment Conduct Did Not Amount to Unlawful Race Discrimination, Court Holds
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In a decision handed down yesterday, Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, granted defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based hostile work environment claim. From the decision: [T]he Court finds that…

Read More Hostile Work Environment Claim Dismissed on the Pleadings; Court Cites Absence of Racially Derogatory Statements
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From White v. Town of Huntington, 14-CV-7370, 2018 WL 5624148 (E.D.N.Y. Oct. 30, 2018): [P]laintiff claims that, in certain instances, his qualifications exceeded those of non-minority applicants who successfully obtained the subject positions. As the Second Circuit has held: *5 When a plaintiff seeks to prevent summary judgment on the strength of a discrepancy in…

Read More Race Discrimination Claim “Narrowly” Survives Summary Judgment
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In Felder v. United States Tennis Association Inc., 17-cv-5045, 2018 WL 5621484 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, explained and applied the :”joint employer” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff (a 50 year old black man) was employed by a security company (AJ Security) that…

Read More Court Explains “Joint Employer” Doctrine; Finds it Inapplicable to Claim by US Tennis Association Subcontractor Employee
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In Hernandez v. New York City Department of Sanitation, 18-CV-1808, 2018 WL 5447540 (S.D.N.Y. Oct. 29, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claims – reasoning that the complaint did “not allege facts sufficient to give rise to an inference of discriminatory intent on the part of Defendants.” Here is its summary of…

Read More Race Discrimination Claims Dismissed Against NYC Dept. of Sanitation
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In Moultry v. Rockland Psychiatric Center, 17v-4063, 2018 WL 5621485 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, held that plaintiff failed to plausibly allege race discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the relevant substantive law and pleading standards, the court held: Plaintiff fails to state a facially plausible…

Read More Title VII Race Discrimination Claim Dismissed Against Rockland Psychiatric Center
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A recent case, decided by the Eastern District of New York on October 17, 2018, illustrates what does – and, as relevant here, does not – qualify as a “hostile work environment.” The decision is Thompson v. MTA New York City Transit et al, 17-cv-5857, 2018 WL 5045762 (E.D.N.Y. Oct. 17, 2018). The court outlines…

Read More Hostile Work Environment Claim Dismissed; While “Tasteless and Offensive”, Messages Were Not Related to a Protected Class
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