Race/Color Discrimination

In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance

In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged

In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted

The U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…

Read More EEOC on COVID19-Based Race and National Origin Discrimination

In a recent decision, Comcast Corporation v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. March 23, 2020) (Gorsuch, J.), the U.S. Supreme Court held that 42 U.S.C. § 1981 – a federal statute that prohibits race discrimination in the making and enforcement of contracts – is subject to the “ordinary” tort rule…

Read More SCOTUS: Race Discrimination Statute (42 U.S.C. § 1981) Requires Showing of “But For” Causation

In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory

In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient

It has been reported (see, e.g., here and here) that Chinese and Asian American persons are experiencing hardships and discrimination relating to the outbreak of coronavirus disease 2019 (COVID-19). Such discrimination – which can arise in several contexts, such as employment, housing, education, and places of public accommodation – may be actionable under federal, state,…

Read More Coronavirus and Discrimination

In Cunningham v. New York Junior Tennis League, Inc., 18-CV-1743, 2020 WL 916964 (S.D.N.Y. Feb. 26, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. After summarizing the legal standards for hostile work environment claims under federal, state, and city law, the court applied the law…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Relate to the Neighborhood” Comment Deemed Insufficient

From Ajoku v New York State Office of Temporary Disability Assistance, No. 159104/18, 2020 WL 886160, at *4 (N.Y. Sup Ct, New York County Feb. 20, 2020): [T]he court declines to dismiss plaintiff’s hostile work environment claim against OTDA and Contento. A racially hostile work environment exists under the NYSHRL “[w]hen the workplace is permeated…

Read More Nigerian Man’s Race-Based Hostile Work Environment Claim Survives Dismissal