42 USC § 1981

by

In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
Share This:
by

In Franchitti v. Cognizant Technology Solutions Corp., 21-CV-2174 (JMF), 2022 WL 2657171 (S.D.N.Y. July 8, 2022), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. From the decision: As noted, Franchitti brings a…

Read More Retaliation Claims, Based on Withdrawal of Settlement, Dismissed
Share This:
by

In Gooch v. Electric Power Board of Metropolitan Nashville and Davidson County d/b/a Nashville Electric Service, No. 3:20-cv-01001, 2022 WL 2196267 (M.D.Tenn. June 17, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on his race-based hostile work environment claim under 42 U.S.C. §§ 1981 and 1983. The court summarized the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Presence of Nooses
Share This:
by

In Mwangi v. Passbase, Inc. et al, 21-cv-6728, 2022 WL 2133734 (S.D.N.Y. June 14, 2022), the court, inter alia, dismissed plaintiff’s discrimination claims under 42 U.S.C. § 1981. At all relevant times, plaintiff worked remotely from Berlin, Germany, and was not in the U.S. when the alleged discrimination took place. As to plaintiff’s § 1981…

Read More Germany-Based Plaintiff’s Discrimination Claims Dismissed on Geographic Grounds
Share This:
by

In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
Share This:
by

In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 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. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
Share This:
by

In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
Share This:
by

In Chica v. Shallu Construction Corp., 21-cv-869, 2022 WL 970744 (E.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiffs – who are Hispanic and of Latin American descent – sufficiently alleged race-based hostile work environment claims against defendants. As to individual defendant Amninder Singh, the court explained: Plaintiffs have pleaded a “steady barrage…

Read More Race (Hispanic)-Based Hostile Work Environment Claims Sufficiently Alleged
Share This:
by

In Felder v. United States Tennis Association, 2022 WL 663145 (2d Cir. March 7, 2022), the Second Circuit considered the question of what a Title VII plaintiff must adequately allege to plead the existence of an employer-employee relationship pursuant to the “joint employer” doctrine. The alleged facts, in sum/brief: a security company (AJ Security) hired…

Read More Second Circuit Clarifies Application of the “Joint Employer” Doctrine to Title VII Discrimination Claims
Share This:
by

In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims, arising from plaintiff’s complaints of discrimination on the basis of his Spanish Ethnicity/Ancestry/National Origin, in violation of 42 U.S.C. § 1981, the New York State…

Read More Retaliation Claim Sufficiently Alleged Against Quinn, Emanuel Law Firm
Share This: