Race/Color Discrimination

In a recent case, Abreu v. Verizon New York, Inc. et al, 15-cv-00058 (EDNY March 25, 2020), the court – following a jury verdict in plaintiff’s favor on his claims of race discrimination and retaliation – held, inter alia, that the jury’s award of $750,000 for emotional distress was too high, and held that $200,000…

Read More Emotional Distress Damages Remitted From $750,000 to $200,000 in Employment Discrimination Case

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 Triana v. NYC Health & Hospitals, No. 152276/2019, 2020 NY Slip Op 30605(U), 2020 WL 1031379 (N.Y. Sup Ct, New York County Feb. 20, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claims asserted under 42 USC §§ 1981 and 1983 and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Dismissed; Accent Comments 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

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff

In recent news, it has been reported that a bank called the police on a black Michigan man because it suspected fraud, upon his attempt to deposit checks – resulting from the settlement of a racial discrimination lawsuit. He is now suing the bank for engaging in race discrimination in a place of public accommodation.

Read More Ironic Lawsuit Against Bank