Race/Color Discrimination

In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Alkins v. City of New York, No. 160778/2021, 2022 WL 17811985, 2022 N.Y. Slip Op. 34284(U) (N.Y. Sup Ct, New York County Dec. 19, 2022), the court, inter alia, held that plaintiff sufficiently alleged claims for race discrimination under the New York State and City Human Rights Laws. From the decision: The Amended Complaint…

Read More Race Discrimination Claims, Based on Denial of Work-From-Home Request, Sufficiently Alleged
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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Miller alleges that the CVS Health discriminated against her based on her race. To…

Read More Race Discrimination Claim Sufficiently Alleged Against CVS Health, Court Holds
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-CV-744-LJV, 2022 WL 17822125 (W.D.N.Y. Dec 20, 2022), the court dismissed plaintiff’s sexual harassment claim as not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC), which is a necessary first step in pursuing a claim under Title VII of the Civil Rights Act of 1964. From…

Read More Sexual Harassment Claim Dismissed as Not Administratively Exhausted
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In Bryant v. the City of New York, No. 161047/2021, 2022 WL 17733056 (N.Y. Sup Ct, New York County Dec. 12, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws. From the decision: A cause of action invoking protections under both New York…

Read More Race Discrimination Claims Dismissed; Evidence of Workplace Demographics Held Insufficient
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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