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Race/Color Discrimination

In a decision handed down yesterday, Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, granted defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based hostile work environment claim. From the decision: [T]he Court finds that […]

In Wilson v. National Grid USA Service Company, Inc. et al, 2018 WL 5886438 (N.D.N.Y. Nov. 9, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here is the court’s summary of the relevant law: To state a hostile work environment claim in violation of Title VII, a plaintiff must plead facts that […]

From White v. Town of Huntington, 14-CV-7370, 2018 WL 5624148 (E.D.N.Y. Oct. 30, 2018): [P]laintiff claims that, in certain instances, his qualifications exceeded those of non-minority applicants who successfully obtained the subject positions. As the Second Circuit has held: *5 When a plaintiff seeks to prevent summary judgment on the strength of a discrepancy in […]

From Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order): In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could […]

In Felder v. United States Tennis Association Inc., 17-cv-5045, 2018 WL 5621484 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, explained and applied the :”joint employer” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff (a 50 year old black man) was employed by a security company (AJ Security) that […]

In Hernandez v. New York City Department of Sanitation, 18-CV-1808, 2018 WL 5447540 (S.D.N.Y. Oct. 29, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claims – reasoning that the complaint did “not allege facts sufficient to give rise to an inference of discriminatory intent on the part of Defendants.” Here is its summary of […]

In Moultry v. Rockland Psychiatric Center, 17v-4063, 2018 WL 5621485 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, held that plaintiff failed to plausibly allege race discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the relevant substantive law and pleading standards, the court held: Plaintiff fails to state a facially plausible […]

In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff alleged, for example, that she witnessed one person make disparaging comments about African-American employees’ hair and dress, and “listened to her direct […]

In a recent lawsuit, captioned Maurice v. Lynsey Plasco-Flaxman and Joel Plasco, 18-cv-08841 (S.D.N.Y. Sept. 26, 2018), plaintiff, a nanny, accuses her new employers of race discrimination. The basis of her suit is a text message she received from defendant Lynsey – stating “NOOOOOOOOOOO ANOTHER BLACK PERSON” – that was apparently meant for her husband. […]

In Dawson v. William Brock Long, Administrator of the Federal Emergency Management Agency, 2018 WL 4519199 (S.D.N.Y. Sept. 20, 2018), the court adopted a Magistrate Judge’s Report & Recommendation that defendant’s summary judgment motion be granted on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964. After agreeing that […]