Race/Color Discrimination

In Singh v. Bay Crane Services, 11-cv-720 (EDNY Oct. 11, 2013), the Eastern District of New York recently denied defendant’s motion for summary judgment and allowed plaintiff, a Guyanese man of Indian descent, to proceed with his claim that he was not hired for discriminatory reasons – namely, his race and national origin. Since the court…

Read More Crane Operator’s Race and National Origin Discrimination Claims Allowed to Continue

Below and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…

Read More Brooks Brothers Sexual Harassment Lawsuit

Neither rain, nor shine, nor discrimination lawsuits… The Southern District of New York recently granted summary judgment in favor of the U.S. Postal Service in a discrimination and retaliation lawsuit. The decision is Jimenez v. Donahoe, decided September 11, 2013. Plaintiff Carlos Jimenez, a mail handler (and musician) alleged that he was subjected to discrimination…

Read More Court Dismisses Musical Mailman’s Discrimination and Retaliation Claims

In Alladin v. Paramount Management LLC, the Southern District of New York recently granted summary judgment to plaintiff on various issues relating to her unpaid wage claims under the Fair Labor Standards Act and the New York Labor Law, but denied it with respect to plaintiff’s race discrimination claim. Plaintiff worked for defendant for two…

Read More Court Awards Summary Judgment to Plaintiff on Wage Claims; Employer Kept No Records And Admitted to Failing to Pay Plaintiff as Required by Law

In Viruet v. Port Jervis City School Dist., the Southern District of New York held that plaintiff, a Hispanic bus driver for defendant school district, presented enough evidence on her Title VII discrimination claim to defeat defendant’s motion for summary judgment. Plaintiff claimed that defendant refused to permit her to “bid” for a contract bus run,…

Read More Plaintiff Defeats Summary Judgment on National Origin, Race, and Color Discrimination Claims; Claims Not Precluded By Collective Bargaining Agreement

In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims

In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims

Plaintiff Ese O’Diah, a black man from Nigeria, sued his former employer Roastown Coffee and its owner Doug Shin for employment discrimination (alleging that he was fired because of his race, color, and national origin) and defamation. Defendants claimed that plaintiff was fired for stealing money from the store cash register. The Southern District of…

Read More Plaintiff Gets to Jury on Discrimination and Defamation Claims, Notwithstanding Theft Allegation