Race/Color Discrimination

In Calvelos v. City of New York et al, 2020 WL 3414886 (S.D.N.Y. June 22, 2020), the court, inter alia, held that plaintiff stated a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, during his first eight months at West Facility, Warden…

Read More Title VII Race-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York

From Chong v. The City of New York, No. 161606/2018, 2020 WL 3104355, 2020 N.Y. Slip Op. 31827(U) (N.Y. Sup Ct, New York County June 11, 2020) (J. Bluth): A close reading of plaintiff’s amended complaint reveals that plaintiff seems to have many grievances towards his co-workers and supervisors, including a complaint that OLR’s employees…

Read More Race, National Origin Discrimination Complaint Dismissed; Non-Detailed Events That “Almost Happened” Insufficient

In Morales v. Triborough Podiatry, P.C., No. 2019-03110, 521586/18, 2020 N.Y. Slip Op. 03408, 2020 WL 3261059 (N.Y.A.D. 2 Dept. June 17, 2020), the Second Department reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s complaint alleging race and sex discrimination under the New York City Human Rights Law. From the decision: The…

Read More Discrimination Complaint Should Have Been Dismissed; Employment Refusal Preceded Communication of Employment Decision

Today is Juneteenth, which celebrates the ending of slavery in the United States. On this day in 1865, Union soldiers landed at Galveston, Texas with news that the Civil War had ended that enslaved persons were now free. This was, notably, two years after the Emancipation Proclamation (which became official on January 1, 1863). Juneteenth…

Read More Juneteenth: 2020

In Shukla v. Deloitte Consulting LLP, 2020 WL 3181785 (S.D.N.Y. June 15, 2020), the court held, inter alia, that plaintiff sufficiently alleged race/national origin discrimination under the New York City Human Rights Law. The court also dismissed several of plaintiff’s other claims, including his gender, race and national origin discrimination claims under Title VII, Section…

Read More Citing “Expendable Indian” Comment, Court Finds Plaintiff Plausibly Alleged Race/National Origin Discrimination Claim Under the NYC Human Rights Law

In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged his race-based discrimination claim 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. From the decision:…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Included Disproportionately Heavy Workload

In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race- and national origin-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state…

Read More Hostile Work Environment Claim Dismissal Affirmed; Insufficient Details Alleged

In Moultry v. Rockland Psychiatric Center, 2020 WL 2765870 (SDNY May 28, 2020) (J. Roman), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of constructive discharge. From the decision: A “[c]onstructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that…

Read More Constructive Discharge Claim Sufficiently Alleged Against Rockland Psychiatric Center

In Williams v. County of Nassau, 2020 WL 2703675 (2d Cir. May 26, 2020)) (Summary Order), the Second Circuit, inter alia, affirmed the lower court ‘s summary judgment dismissal of plaintiff’s hostile work environment claim. From the decision: [T]he existence of the carvings at issue, though highly offensive, were not under the specific circumstances here…

Read More Hostile Work Environment Dismissal Affirmed; Alleged Racist Etchings Insufficient