Slur: The N-Word

by

In McBride v. C&C Apartment Management LLC et al, 21 Civ. 02989 (DEH), 2024 WL 4403701 (S.D.N.Y. Oct. 1, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s race, national origin, and religion-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.…

Read More Race-Based Hostile Work Environment Claim Dismissed; Corrective Action Followed Alleged “N-Word” Utterance
Share This:
by

In Riley v. Borough of Eddystone et al, No. 24-1835, 2024 WL 4137310 (E.D.Pa. Sept. 10, 2024), the court, inter alia, granted defendants’ 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: For a hostile-work-environment claim under Title VII, a plaintiff…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged “N” Word Comments Insufficient
Share This:
by

In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
Share This:
by

In Brown v. Valvoline, LLC et al, 2024 WL 2946099 (S.D.Tex. June 11, 2024), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and § 1981. From the decision: The facts presented to the Court…

Read More N-Word, “Knuckle Heads” Comments Did Not Give Rise to Actionable Hostile Work Environment, Court Holds
Share This:
by

In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
Share This:
by

In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
Share This:
by

In Mack v. J.M. Smuckers Co., No. 22-3195, 2023 WL 5217705 (10th Cir. August 15, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment claim. Disturbingly, this case involves the alleged use of a vile racial slur. However, this case illustrates that the mere use of the “n-word”…

Read More N-Word Utterance Insufficient to Give Rise to Hostile Work Environment Claim, 10th Circuit Holds
Share This:
by

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
Share This:
by

In Deshazer v. L&W Supply Corporation d/b/a Building Specialties et al, 2023 WL 2977733 (W.D.Okla. April 17, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Here, the single use…

Read More Single Use of “N” Word By Coworker Insufficient to Make Out Hostile Work Environment Claim, Court Holds
Share This:
by

In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
Share This: