Race/Color Discrimination

Employment discrimination claims are often difficult to assert, since it is not necessarily true that every wrong visited upon an employee will give rise to an actionable legal claim. Consider, for example, an African American employee’s discovery of a “noose” – either made out of a rope or fashioned out of work materials – in…

Read More Noose Incident Insufficient to Survive Summary Judgment on Race-Based Hostile Work Environment Claim
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In Holston v. Janet Yellen, Secretary of Treasury, No. 20-3533, 2022 WL 4355289 (D.D.C. Sept. 20, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After outlining the plaintiff’s allegations, the court explained: Taking the allegations described…

Read More Federal Employee’s Race-Based Hostile Work Environment Claim Survives Dismissal
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In Prude v. Logistics One Transport, Inc., No. 1:20-cv-0674, 2022 WL 4120266 (N.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law.…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; “Banana” Incident Was, in Context, Sufficiently “Severe”
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In Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…

Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of Colorado
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In Saleh v. Pretty Girl, Inc. et al, No. 09-CV-1769 (RER), 2022 WL 4078150 (E.D.N.Y. Sept. 6, 2022), the court, inter alia, held that plaintiff presented sufficient evidence to support a jury verdict on plaintiff’s hostile work environment claims. From the decision: Plaintiff presented abundant evidence at trial to demonstrate to a jury that, under…

Read More Harassing Comments, Assault Sufficient to Support Hostile Work Environment Jury Verdict
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In Villalobos v. Basis Educational Group LLC, No. CV-20-00850-PHX-DJH, 2022 WL 3647832 (D.Ariz. Aug. 24, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Title VII and § 1981…

Read More This is Nuts: Retaliation Claim, Based in Part of “Harassment” Due to Employee’s Nut Allergy, Survives Summary Judgment
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In Reno v. Structuretech New York, Inc., No. 160158/2021, 2022 WL 3999584 (N.Y. Sup Ct, New York County Aug. 25, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination and hostile work environment under the New York State and City Human Rights Laws, as well as retaliation under the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims, Based in Part of Reference to Plaintiff as “Boy”, Sufficiently Alleged
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In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
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In Ochoa v. New York City Department of Education, 20-cv-9014 (ALC), 2022 WL 3646208 (S.D.N.Y. Aug. 24, 2022), the court dismissed plaintiff’s claims of race discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff, a teacher,…

Read More NYC Teacher’s Title VII Race Discrimination Claim, Based on Accent Mocking, Dismissed
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In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
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