Race/Color Discrimination

In Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…

Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint Dismissed

In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal

I just saw the movie “The Green Book,” which chronicles the early 1960’s travels of musician Donald Shirley and his driver/bodyguard Tony Vallelonga. Throughout the movie, Mr. Shirley is subjected to blatant race discrimination (by, for example, not being allowed to eat in the same room as white patrons. The movie is set in 1962,…

Read More The “Green Book” and Public Accommodation Discrimination

In Diallo v. Whole Foods Market Group, Inc., 2019 WL 140728 (S.D.N.Y. Jan. 9, 2019), the court, inter alia, adopted a Magistrate Judge’s recommendation to deny defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: As to the merits, Whole Foods’ argument on the hostile work environment claim presents a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment

In Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…

Read More Race-Based Hostile Work Environment Claim Dismissed Against UPS

In Burgis v. City of New York Dept. of Sanitation, 2018 NY Slip Op 33322(U) (NY Sup. Ct. NY Cty. Dec. 20, 2018), the court dismissed plaintiffs’ claims of discriminatory failure to promote. As to the disparate treatment claim, the court explained: Here, as defendant contends, the Court finds that the complaint is devoid of any…

Read More NYC Sanitation Department Wins Dismissal of Discriminatory Failure-to-Promote Claims

In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks…

Read More Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims

In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, rejected defendants’ argument that plaintiff is precluded from litigating his § 1981 claims in the instant action, because plaintiff presented those allegations to the New York State Division of Human Rights (SDHR), which rejected them on the merits.…

Read More Court Finds That “No Probable Cause” Determination Did Not Preclude Litigation of § 1981 Race Discrimination Claim in Court

In Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, denied defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based employment discrimination claim.[1]The court also, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From…

Read More Race Discrimination Claim Survives Motion to Dismiss; Allegations Included Pay Raise Granted to White Employees, Denied to Black Plaintiff

In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case