Race/Color Discrimination

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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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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. This decision highlights the difference between the comparatively broad New York City Human Rights…

Read More NYCHRL Race Discrimination Claim Survives Summary Judgment Against Leg Apparel
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In Sylla v. New York City Department of Education et al, 18-CV-6524 (RPK) (MMH), 2023 WL 2667072 (E.D.N.Y. March 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. In this case, plaintiff alleged that a co-worker repeatedly called him “mono”, which is Spanish for monkey.…

Read More “Monkey” Comments Cited in Decision Denying Summary Judgment on Race-Based Hostile Work Environment Claim
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In McKenzie v. Southern Nuclear Operating Company, 2023 WL 2403778 (S.D.Ga. March 8, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: At most, there are only two allegations Plaintiff has made that can be connected in any way to her race or…

Read More Hostile Work Environment Claim Dismissed; Comment About Plaintiff’s Thighs, “Baby Daddy” Insufficient
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