Race / Color Discrimination

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In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
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In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
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In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
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In Boutin v. Comcast Cable Communications Management, LLC, 3:21-CV-1630 (SVN), 2023 WL 4564375 (D.Conn. July 17, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based discrimination claims. In this case, plaintiff alleges that he was given a smaller raise, resulting from a negative performance evaluation, than he believed was warranted,…

Read More Race Discrimination Claims Against Comcast Survives Summary Judgment
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In EEOC v. 98 Starr Road Operating Co., LLC, 2023 WL 4557751 (D.Vt. July 17, 2023), the court denied defendant’s motion to dismiss plaintiffs’ race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, the complaint alleges repeated incidents of racial insults (including the “n-word”), physical…

Read More Title VII Race-Based Hostile Work Environment Claim, Arising From Patient Conduct, Survives Dismissal
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In Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Slurs
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In Shi v. Batgatelle International, Inc., 220-cv-8473 (ER), 023 WL 4187557 (S.D.N.Y. June 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin discrimination claims. While defendant alleges that it terminated plaintiff due to her performance, plaintiff alleges that she was terminated because of her race, national…

Read More Race, National Origin Discrimination Claims Against Bagatelle Survive Summary Judgment
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In Griffith v MetroPlus Health Plan Inc., No. 505258/2017, 78 Misc. 3d 1241(A), 188 N.Y.S.3d 913, 2023 N.Y. Slip Op. 50499(U), 2023 WL 3637957 (Sup Ct, May 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination. From the decision: In the instant case, Defendants put forward evidence of…

Read More Citing Nondiscriminatory Motivation of Poor Performance, Court Dismisses Race Discrimination Claims
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a race-based hostile work environment in violation of the New York State and City Human Rights Laws. From the decision: The second and…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Slave” Reference
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