Race/Color Discrimination

In Beards et al v. Bronxcare Health System et al, 2021 WL 704177 (S.D.N.Y. Feb. 23, 2021), the court dismissed plaintiffs’ claims of race- and religion-based discrimination 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. After concluding that…

Read More Citing Productivity Decline, Court Dismisses Race and Religion-Based Discrimination Claims
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In Duff v. Pristine Services, 2021 WL 663981 (SDNY Feb. 19, 2021), the court, inter alia, dismissed plaintiff’s complaint alleging a race-based hostile work environment. As to whether the alleged conduct was sufficiently “hostile”, the court explained: Duff’s hostile workplace claim appears to be premised on a single incident, in which he found the three…

Read More Alleged “Racist Graffiti” Held Insufficient to Make Out Hostile Work Environment Claim, Court Rules
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In Clementi v. Highbridge Community Development Corp., No. 25371/18E, 2020 WL 8369733, 2020 N.Y. Slip Op. 34419(U) (N.Y. Sup Ct, Bronx County Dec. 22, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age and race discrimination under the New York City Human Rights Law. In sum, plaintiff, a Caucasian…

Read More Age, Race Discrimination Claims Survive Summary Judgment
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…

Read More Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.
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In a recent case, Tenecora et al v. Ba-Kal Restaurant Corp., d/b/a Princess Diner et al, 18-cv-7311, 2021 WL 424364 (E.D.N.Y. Feb. 8, 2021), the court adopted a Magistrate Judge’s Report & Recommendation granting plaintiff’s motion for default judgment on their employment discrimination and hostile work environment claims. The court explained the difference between “direct”…

Read More Discriminatory Wage Withholding Claim Survives Against Restaurant Defendants
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In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…

Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed
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In Clarke v. New York City Department of Education, 18-cv-6783, 2021 WL 123358 (E.D.N.Y. Jan. 13, 2021), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. After reviewing the black-letter law concerning this claim, the court explained: The plaintiff claims that the defendants “picked on [her] and other veteran teachers” while allowing “younger…

Read More “Monkey” Reference Did Not Rise to Level of a Hostile Work Environment; Claim Dismissed
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In Wiggins v. Mount Sinai Hospitals Group, Inc. et al, No. 151209/2016, 2020 WL 7646949 (N.Y. Sup Ct, N.Y. Cty. Dec. 22, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. As to the state law claim, the court…

Read More Hostile Work Environment Claims Dismissed Against Mt. Sinai
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In Cain v. North Country Community College et al, 2020 WL 7230722 (N.D.N.Y. Dec. 8, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1983. In sum, plaintiff – an African American female adjunct professor – claimed that she was passed over for a promotion by two…

Read More Race-Based Hostile Work Environment Claim Against Upstate Community College Dismissed
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In Banks v. General Motors, LLC, 2020 WL 6827707 (W.D.N.Y. Nov. 20, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims. “Plaintiff seeking to establish a Title VII hostile work environment claim must show that ‘the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or…

Read More Hostile Work Environment Claims Dismissed Against General Motors
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