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Race/Color Discrimination

In Weinstein v. City of New York, New York City Department of Sanitation, 2017 WL 3891699 (S.D.N.Y. Sept. 5, 2017), the court held that plaintiff sufficiently alleged discrimination based on his race and religion under Title VII of the Civil Rights Act of 1964, and race, religion, and disability under the New York City Human Rights […]

In Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at […]

In Butterfield-Bajinan v. City of New York, 2017 WL 4045175 (S.D.N.Y. Sept. 11, 2017), the court granted defendant’s motion to dismiss plaintiff’s Title VII race discrimination claim as insufficiently alleged. The court explained what a plaintiff asserting such a claim must allege: To survive a motion to dismiss, a complaint alleging employment discrimination under Title […]

In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleges that she was denied tenure because of her ethnicity, race, and national origin. The court granted plaintiff’s motion to amend her complaint to add a claim under 42 U.S.C. § 1981, finding that plaintiff […]

From McClarence v. International Union of Operating Engineers Local Union, 2017 WL 3887883, at *2 (E.D.N.Y., 2017): In this case, McClarence’s complaint fails to state a claim under Title VII. McClarence has asserted a bare-bones claim that he was discriminated against on the basis of race or color, but has not identified himself as a […]

In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017),[1]I wrote about the court’s evaluation of plaintiff’s “disparate treatment” race discrimination claim here. the court recommended the dismissal of plaintiff’s hostile work environment claim. From the decision: Carrington’s factual allegations do not create a plausible inference that she has […]

In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination […]

In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude […]

In a recent complaint filed in Manhattan federal court, captioned Allen v. Goldman Sachs, SDNY 17-cv-6195 (filed 8/16/17), plaintiff Rebecca Allen – a member of Goldman’s Private Wealth Management Division – alleges (inter alia) that “[a]s a result of [a] pattern and practice of discriminatory conduct, the few Black employees at the Bank are marginalized and […]

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 […]