Race / Color Discrimination

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In Sosa v. Local Staff LLC (14-3704-cv), a Summary Order issued by the Second Circuit on Oct. 9, 2015, the court discussed what constitutes “protected activity” for purposes of asserting a retaliation claim under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law (NYCHRL). In this employment discrimination case,…

Read More Complaint About “You’re So Street” Comment Was Not “Protected Activity”; Retaliation Claim Properly Dismissed
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…

Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCA
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In Herling v. New York City Dep’t of Educ., No. 13-CV-5287 JG VVP, 2015 WL 5307752 (E.D.N.Y. Sept. 10, 2015), the court denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on his race (white) and religion (Jewish). In an April 23, 2014 Order (which I discussed here) the court denied defendants’ FRCP 12(b)(6)…

Read More White Jewish Teacher Overcomes Summary Judgment on Discrimination Claims
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In a recent lawsuit captioned Ikezi v. Cipriani Club 55 LLC et al, 15-cv-06145 (SDNY filed 8/5/15), plaintiff Henry Ikezi accuses the Cipriani Club and others of discriminating against him on account of his race. Plaintiff alleges, among other things, that On or about April 2015, when Cipriani Club advised the Plaintiff that Cipriani Club…

Read More Public Accommodation Race Discrimination Lawsuit Against Cipriani Club
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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In Wynn v. New York City Hous. Auth., No. 14-CV-2818 SAS, 2015 WL 4578684 (S.D.N.Y. July 29, 2015), the court held that a Collective Bargaining Agreement (CBA) did not foreclose plaintiffs from pressing their employment discrimination claims. In this case, plaintiffs allege that NYCHA systematically undercompensated them due to a policy of race discrimination. Defendant argued…

Read More Collective Bargaining Agreement Does Not Deprive Court of Subject Matter Jurisdiction Over Employment Discrimination Claims
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In Burgis v. New York City Dept. of Sanitation (2d Cir. July 31, 2015), a putative class action race discrimination case brought by members of the NYC Dept. of Sanitation, the Second Circuit affirmed the dismissal of plaintiffs’ claims under the Fourteenth Amendment’s Equal Protection Clause and 42 USC 1981 and Title VII of the…

Read More Class Action Race Discrimination Case Properly Dismissed; Intent, Statistics Insufficiently Alleged
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In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination
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