Race / Color Discrimination

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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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In Ellison v. Chartis Claims, Inc., 2016 NY Slip Op 51336(U), 53 Misc 3d 1203(A) (N.Y. Sup. Ct. Kings Cty. Sept. 23, 2016), the court dismissed plaintiff’s race discrimination (including wrongful termination, salary discrimination, and failure to promote), retaliation, hostile work environment, and other claims. Among other things, the decision provides an instructive point regarding the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Dismissed Against AIG
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In Mondesir v. N. Shore LIJ Health Sys., No. 14-CV-6496 (JGK), 2016 WL 6952254 (S.D.N.Y. Nov. 28, 2016), the court dismissed plaintiff’s race discrimination (hostile work environment) claim under 42 U.S.C. § 1981. Plaintiff, a black woman born in Haiti, worked as a medical assistant for defendant. She alleged, among other things, that a manager’s…

Read More Court Discusses “Dog Whistle”, or “Coded”, Racism; Dismisses Race-Based Hostile Work Environment Claim
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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In N.Y. State Div. of Human Rights v. Besdad, Inc., No. 2014-08481, 2016 WL 6269891 (N.Y. App. Div. 2d Dept. Oct. 26, 2016), the court upheld a determination by the NYS Division of Human Rights that the respondents discriminated against the complainant on the basis of his race and color by subjecting him to a…

Read More Desire Not to “Offend” Alleged Harasser Properly Found to Result in Condonation of Racial Discrimination
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In Romero v. City of N.Y., No. 16 CIV. 4157 (BMC), 2016 WL 6155935 (E.D.N.Y. Oct. 21, 2016), Eastern District of New York Judge Cogan dismissed the race discrimination claims of plaintiff, a firefighter, for various reasons, including under Fed. R. Civ. P. 12(b)(6) because they did not plausibly allege discrimination. From the decision: As…

Read More “Serpico” Reference is an Insufficient Stand-In For Facts; FDNY Plaintiff’s Race Discrimination Complaint Dismissed For Failure to State a Claim
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In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…

Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
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From Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate treatment under each statute, the court turns to the sufficiency of the pleadings. The court finds that none of Plaintiff’s timely allegations…

Read More Title VII Race, National Origin Discrimination Claims Insufficiently Alleged
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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