Slur: The N-Word

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In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court denied defendant CVS’s motion for summary judgment on plaintiff’s hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. Here I will focus…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Court Clarifies Scope of 42 U.S.C. § 1981
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In Vaughn v. Empire City Casino at Yonkers Raceway et al, No. 14-CV-10297 (KMK), 2017 WL 3017503 (S.D.N.Y. July 14, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s claim that he was subjected to discrimination – by being terminated and suspended – because of his race, in violation of Title VII…

Read More Race Discrimination Claim Survives Summary Judgment; Evidence Included Supervisor’s Use of the “N-Word” and Favorable Treatment of White Co-Worker
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In Cromwell-Gibbs v. Staybridge Suite Times Square, No. 16 CIV. 5169 (KPF), 2017 WL 2684063 (S.D.N.Y. June 20, 2017), the court dismissed plaintiff’s Title VII race-based hostile work environment claim. The facts, in sum: Plaintiff Merrill Cromwell-Gibbs, an African-American woman, is the former Director of Housekeeping at Defendant Staybridge Suites Times Square [] In 2015,…

Read More N-Word Email Insufficient to Create a Hostile Work Environment, Court Holds
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In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
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In Love v. Premier Util. Servs., LLC, No. 15-CV-5698(ADS)(ARL), 2017 WL 2418268 (E.D.N.Y. June 3, 2017), the court granted plaintiff leave to file an amended complaint to add a claim of a racially hostile work environment. Judge Spatt wrote: Accepting the allegations in the [proposed amended complaint] as true, Dunham is alleged to have witnessed one…

Read More Racially Hostile Work Environment Plausibly Alleged; Allegations Included the Use of the “N-Word”
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In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff on plaintiff’s hostile work environment claim. (The court issued its ruling one week after it heard oral argument in the case.) While it…

Read More Second Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
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On April 18, 2017, the Second Circuit heard oral argument in the case of Daniel v. T&M Protection Resources LLC (Case No. 15-560). At issue is whether a single, offensive comment (here, the n-word) is sufficient to overcome summary judgment on plaintiff’s hostile work environment claim. The EEOC argued (as Amicus Curiae in support of pro…

Read More 2d Circuit Hears Oral Argument as to Whether the Single Use of the “N-Word” by a Supervisor is Sufficient to Overcome Summary Judgment on Plaintiff’s Hostile Work Environment Claim
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the…

Read More Race-Based Hostile Work Environment Claim Survives Under the New York City (But Not New York State) Human Rights Law
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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