Race / Color Discrimination

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Plaintiff Ese O’Diah, a black man from Nigeria, sued his former employer Roastown Coffee and its owner Doug Shin for employment discrimination (alleging that he was fired because of his race, color, and national origin) and defamation. Defendants claimed that plaintiff was fired for stealing money from the store cash register. The Southern District of…

Read More Plaintiff Gets to Jury on Discrimination and Defamation Claims, Notwithstanding Theft Allegation
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In Cadet v. Deutsche Bank Securities, 11-cv-7964, 2013 WL 3090690 (SDNY June 18, 2013), decided on June 18, 2013, the Southern District of New York (McMahon, J.) denied defendants’ motion for summary judgment as to plaintiff’s race discrimination claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, but dismissed his…

Read More Plaintiff’s Title VII and Section 1981 Race Discrimination Claims Survive in Part
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The Second Circuit last week issued a summary order granding pro se (i.e., self-represented) plaintiff Diane Robinson an opportunity to amend her complaint alleging employment discrimination and retaliation.  The court’s order in Robinson v. Goulet, 12-3606 (May 17, 2013) is here. Plaintiff alleged that her manager, Peter Goulet, discriminated against her on the basis of her sex…

Read More Second Circuit Gives Pro Se Discrimination Plaintiff Another Chance
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Today is Martin Luther King, Jr. Day. Below is a picture of President Lyndon Johnson signing into law the Civil Rights Act of 1964 – one of the broadest-sweeping pieces of civil rights legislation in U.S. history – as Dr. King looks on. The date was July 2, 1964. Here’s video. Title VII of that…

Read More The Content of Their Character
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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In a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…

Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination Lawsuit
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Crump v. NBTY, Inc. et al., 10-cv-632 (WFK) (ETB) (EDNY March 1, 2012) illustrates that even a single, facially neutral (but arguably racist) remark by a supervisor may be enough to proceed to a jury trial on a Title VII discrimination claim. Defendant contended that it fired plaintiff for theft and for improperly using a…

Read More Court Allows Race Discrimination Claim, Based on Single Racist Remark, to Proceed to Jury Trial
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Yesterday SCOTUS granted certiorari in a case brought by a white plaintiff challenging the University of Texas at Austin’s use of race in its admission decisions.  The Question Presented, as set forth here, is:  “Whether this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003),…

Read More SCOTUS agrees to hear affirmative action case
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