Race / Color Discrimination

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In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…

Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination Laws
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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In Bright v. Coca-Cola Refreshments USA, Inc., No. 14-4465-CV, 2015 WL 9261278 (2d Cir. Dec. 18, 2015), the Second Circuit affirmed the lower court’s decision granting summary judgment judgment, of plaintiffs’ race-based hostile work environment claims. As to the merits, the Second Circuit incorporated the district court’s analysis and conclusion, adding that “[m]any of the comments and incidents…

Read More Second Circuit Affirms Summary Judgment Dismissing Hostile Work Environment Claims; Says District Court Properly Declined to Consider Post-Deposition Affidavits
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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In Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…

Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment Claim
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A First Department case, Cadet-Legros v. New York Univ. Hosp. Ctr., 2015 NY Slip Op 08984 (App. Div. 1st Dept. Dec. 8, 2015), held that defendants were entitled to summary judgment dismissing plaintiff’s race discrimination cause of action under the NYC Human Rights Law. This case offers guidance on how courts evaluate motions for summary judgment…

Read More Termination Reasons Were Not Pretextual; “Leopard Does Not Change its Spots” Was Not “Coded” Racial Language
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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In Sands v. New Paltz Central School District, a race discrimination case, the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment. Citing the Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), the court explained: [A] plaintiff’s prima facie case … when combined with sufficient evidence…

Read More Second Circuit Revives Race Discrimination Case, Citing SCOTUS “Reeves” Decision
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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In a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.

Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con Edison
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