Race / Color Discrimination

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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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In Bibbs v. CNHI, LLC, 2023 WL 3848382 (S.D.Ind. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As for her hostile work environment claim pursuant to § 1981, CNHI contends that she has failed to allege anything rising to the level of…

Read More Merely Invoking the Words “Hostile Work Environment” Insufficient; Claim Dismissed
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In Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…

Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit Holds
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In Davenport v. Manual Woodworkers and Weavers, Inc., 2023 WL 3063384 (W.D.N.C. April 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff (who is African American) alleged that he was subjected to a racial epithet; specifically, that a co-worker called out to him,…

Read More Co-Worker’s Racial Epithet Not Imputable to Employer; Hostile Work Environment Claim Dismissed
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In Bernardi v. New York State Department of Corrections and Community Supervision, 2023 WL 3230558 (S.D.N.Y. May 3, 2023), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national-origin based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: At his…

Read More Race/National Origin-Based Hostile Work Environment Claim Dismissed; “Go Back to Italy” Allegation Insufficient
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In Peña et al v. Clark County, Case No. 3:21-cv-05411-DGE, 2023 WL 3160157 (W.D.Wash. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The County argues Plaintiffs lack evidence to…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Multiple Racial Insults”
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In Richards v. The Department of Education of the City of New York, 21-cv-338 (LJL), 2023 WL 2876585 (S.D.N.Y. April 10, 2023), the court denied defendants’ motion to dismiss plaintiff’s discrimination claim asserted under the New York City Human Rights Law. This case illustrates the differences between federal anti-discrimination laws, on the one hand, and the broader,…

Read More Race/Religion Discrimination Claim Sufficiently Alleged Against NYC Dept. of Education, Court Holds
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In Buon v. Spindler, 2023 WL 2903401 (2d Cir. April 12, 2023), the court vacated the lower court’s order dismissing plaintiff’s discrimination claim. From the decision: Here, Buon has met her minimal burden by alleging facts that give rise to a plausible inference of discrimination with respect to the denial of her application to administer…

Read More Second Circuit Revives Discrimination Claims; “Mosaic” of Allegations Sufficient
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In Duniya v. Power, 2023 WL 2755132 (N.D.Ill. April 3, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case, like so many others, teaches that workplace conduct that is unpleasant in the objective sense will not necessarily give rise…

Read More Hostile Work Environment Claim Dismissed; Conduct Reflected Merely Plaintiff’s Displeasure With Supervisors’ Management of His Work
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