42 USC § 1981

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
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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
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In Cadet v. Deutsche Bank Securities, 11-cv-7964, 2013 WL 3090690 (SDNY June 18, 2013), decided on June 18, 2013, the Southern District of New York (McMahon, J.) denied defendants’ motion for summary judgment as to plaintiff’s race discrimination claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, but dismissed his…

Read More Plaintiff’s Title VII and Section 1981 Race Discrimination Claims Survive in Part
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Below is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources.  Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…

Read More Race Discrimination Lawsuit Against Mercedes
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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In Wong v. Mangone, the Second Circuit recently affirmed a jury verdict in a case brought by Aaron Wong against James Mangone and upheld awards of $200,000 in damages and more than $167,000 in attorneys’ fees.  Wong (who is black) alleged that Mangone (who is white) assaulted him while hurling racially derogatory language. In particular,…

Read More Second Circuit affirms jury verdict and $200k damage award following racially-motivated scuffle
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