Race / Color Discrimination

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In Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…

Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”
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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Battle v. Carroll, the Western District of New York denied defendants’ motion for summary judgment on plaintiff’s Title VII race discrimination claim. Plaintiff Ola Battle, a black woman, worked for 17 years as a Holiday Inn housekeeper until she was fired following an expletive-laced confrontation with her supervisor, David Carroll, in which she told him…

Read More Supervisor’s “You People” Remark Supports Race Discrimination Claim
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In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
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In Chinnery v. NYS Office of Children and Family Svcs, decided April 25, 2014, Southern District of New York Magistrate Judge Maas recommended that defendant OCFS be granted summary judgment on plaintiff’s disparate treatment, retaliation, and hostile work environment claims under Title VII of the Civil Rights Act of 1964. While the court’s discussion of…

Read More Court Reiterates That “Mere Workplace Bullying” Unrelated to the Plaintiff’s Membership in a Protected Class Does Not Constitute a Hostile Work Environment
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In Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…

Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese Parent
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Below is the employment discrimination complaint, recently filed by security guard Tiffany Bryan against her employer AEG Management Brooklyn, alleging race discrimination. She seeks recovery under 42 U.S.C. section 1981 and the New York City Human Rights Law. It alleges that plaintiff, a black woman, “was ridiculed, discriminated against, and effectively terminated for the way she wears…

Read More Lawsuit Alleges Discriminatory Treatment For Failure to Tame Afro
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On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…

Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit
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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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