Race/Color Discrimination

In Unobagha v. Hilton Garden Inn Times Square North, No. 652744/2022, 2022 WL 16950044 (N.Y. Sup Ct, New York County Nov. 15, 2022), the court, inter alia, dismissed plaintiff’s claim of housing discrimination asserted under the New York City Human Rights Law. Such discrimination is actionable under N.Y.C. Admin. Code § 8-107 (5)(a)(1), which makes it…

Read More Hotel Guest’s Race-Based Housing Discrimination Claim Dismissed
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In Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist Graffiti
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In Abubakar v. Walmart, Inc., Case No. 21-cv-06248, 2022 WL 14632902 (N.D.Ill. Oct. 25, 2022), the court granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on color, age, national origin, religion, and race. From the decision: Walmart contends that Abubakar failed to state facially plausible claims for discrimination based on color, age, national…

Read More Discrimination Claims Dismissed Against Walmart; Alleged Translation Requests Etc. Deemed Insufficient
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In Wells-Marshall v. Auburn University et al, 2022 WL 16701108 (M.D.Ala. 2022), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Wells-Marshall avers that, over the course of several months, she inherited a “sinking ship” of a department, she was verbally berated by a subordinate who she wanted to reprimand but who…

Read More Race-Based Hostile Work Environment Claim Dismissed Against Auburn University
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In Qin v. Vertex, Inc., No. 20-2423-JMY2022 WL 10493574 (E.D.Pa. Oct. 18, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: In this case, Plaintiff’s showing of a hostile work…

Read More Hostile Work Environment Claims, Based on Comments Embodying “Tropes” of Plaintiff’s Status as a Chinese Man, Dismissed
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In Belvin et al v. Electchester Management, LLC, 2022 WL 10586743 (E.D.N.Y. Oct. 18, 2022) – in which plaintiffs assert claims of, inter alia, hostile work environment – the court ruled on various motions in limine filed by the parties. In one motion, defendant asked the court to preclude testimony from two nonparty employees of defendant…

Read More Other-Employee Harassment Relevant to Hostile Work Environment Claim, Court Holds
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In Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…

Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court Rules
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In Lee v. Independent Mechanical, Inc., No. 160681/2017, 2022 WL 4117326, 2022 N.Y. Slip Op. 33032(U) (N.Y. Sup Ct, New York County Sep. 09, 2022), the court , inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Even one racial epithet is inexcusable. A racially hostile work environment…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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Employment discrimination claims are often difficult to assert, since it is not necessarily true that every wrong visited upon an employee will give rise to an actionable legal claim. Consider, for example, an African American employee’s discovery of a “noose” – either made out of a rope or fashioned out of work materials – in…

Read More Noose Incident Insufficient to Survive Summary Judgment on Race-Based Hostile Work Environment Claim
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