Race / Color Discrimination

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In Godbolt v Verizon N.Y. Inc., the Appellate Division, First Department affirmed the dismissal of plaintiff’s claims that he was terminated from his employment on the basis of his race and past criminal convictions in violation of the New York State and City Human Rights Laws. “Defendant explained that it terminated plaintiff because he failed to…

Read More Court Holds That “Stray Remarks” Doctrine May Apply to Claims Brought Under the New York City Human Rights Law
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In Kemp v. CSX Transp., Inc., the Northern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ racially hostile work environment and disparate treatment claims. As to plaintiffs’ hostile work environment claims, the court held: Plaintiffs allege that they were subjected to vulgar racial language throughout their employment and often viewed…

Read More Citing “Vulgar Racial Language” and More Lenient Treatment of White Employees, Court Denies Summary Judgment on Plaintiff’s Race Discrimination and Hostile Work Environment Claims
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In Saliba v Five Towns College, the Eastern District of New York held that plaintiff, an assistant professor, failed to state a claim for retaliation under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that she was terminated solely because she had voiced her concerns regarding rampant corruption in the administration of…

Read More Court Dismisses Professor’s Retaliation Claim Based on Complaints About Another Professor’s Sexual Harassment of Students
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In Pickering v. Uptown Communications & Elec., Inc., the New York Supreme Court (Queens County) denied defendants’ motion for summary judgment on plaintiff’s “prior conviction” discrimination claim, but dismissed his race discrimination claim. Defendant Uptown, a contractor for Time Warner Cable of New York City, employed plaintiff as a cable technician. A criminal background check…

Read More Cable Technician’s Criminal Conviction Discrimination Claim Continues; Race Discrimination Claim Dismissed
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Here is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…

Read More Sexual Harassment Lawsuit Against Catholic Charities Neighborhood Services
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In Knight v. State University of New York at Stony Brook, the Eastern District of New York recently dismissed plaintiff’s race discrimination and retaliation claims, on the ground that plaintiff did not sufficiently allege that he was employed by the defendant. Plaintiff alleged that he worked as an electrician at a construction project for defendant…

Read More Court Dismisses Race Discrimination Case Because Plaintiff Didn’t Sufficiently Allege That He Was Employed by Defendant
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Here is the race and national origin discrimination lawsuit filed on November 6, 2013 by Moselle Blanco against Alexander McQueen Trading Ltd., Max Cantey, and Monique Hagan. Plaintiff alleges, for example, that her co-worker Max Cantey subjected her to racially derogatory remarks (such as calling her “taco smoke” and “burrito face” and saying that she “had…

Read More Race and National Origin Discrimination Lawsuit Against Alexander McQueen Trading Ltd.
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A recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…

Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation Claim
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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In Singh v. Bay Crane Services, 11-cv-720 (EDNY Oct. 11, 2013), the Eastern District of New York recently denied defendant’s motion for summary judgment and allowed plaintiff, a Guyanese man of Indian descent, to proceed with his claim that he was not hired for discriminatory reasons – namely, his race and national origin. Since the court…

Read More Crane Operator’s Race and National Origin Discrimination Claims Allowed to Continue
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