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Tag Archives: Race Discrimination Claim

Labor & Employment – Race Discrimination Claim – Disparate Discipline – False Order Form (access required)

Piedi v. T-Mobile USA, Inc. A white co-worker, Hooks, who was on vacation and who was worried about making his sales quotas, asked the Hispanic plaintiff to submit an unsigned service order for a potential client. Believing the order would simply be returned as incomplete, and after receiving approval from his white supervisor, Leckie, plaintiff submitted the order. Plaintiff and Leckie were fired, but Hooks was not.

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Labor & Employment – Public Employees – Secondary Employment – Subordination – Truthfulness – Wife’s Company – Race Discrimination Claim (access required)

Sealey v. North Carolina Department of Crime Control & Public Safety A state trooper, whose secondary employment as a Robeson County Commissioner was authorized, was nevertheless insubordinate when he continued to carry his Robeson County-issued cell phone with him while he was on duty after he had been ordered not to do so.

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Labor & Employment – Tort/Negligence – Wrongful Discharge – Race Discrimination Claim – Attorneys – Mortgage Securitization Work – Performance — Conversion (access required)

Springs v. Mayer Brown, LLP Despite significant evidence that plaintiff was performing poorly as an associate at the defendant-law firm, not long before a partner fired her, the same partner filed an affidavit with the New York State Court, Appellate Division, regarding plaintiff’s performance and suitability as a “waive-in” candidate for admission to the New York Bar. In that affidavit, the partner averred that he supervised plaintiff and that her duties were “satisfactorily” performed. This is some evidence that the law firm’s proffered reason for firing plaintiff - poor job performance - was a pretext for discrimination.

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Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal (access required)

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

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Labor & Employment – Civil Rights – Race Discrimination Claim – Termination & Retaliation (access required)

Campbell v. Enterprise Holdings, Inc. Plaintiff alleges that (1) another employee told him it was difficult for African-Americans to get promotions; (2) plaintiff was more qualified than certain white workers for advancement based on objective criteria, yet the white workers were allowed to apply for a promotion while plaintiff was not; and (3) after he complained several times about his fear that he was being discriminated against because of his race...

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Labor & Employment – Civil Rights – Race Discrimination Claim – Failure to Promote – Retaliation (access required)

Holmes v. J.C. Penney Corp. Even though defendant twice chose candidates of another race rather than promoting plaintiff, plaintiff does not allege the successful candidates’ qualifications and how his own qualifications compare, nor does he allege that his performance was criticized in ethnically degrading terms or that defendant made any invidious comments about plaintiff or others within his protected group. The complaint does not give rise to a plausible inference of unlawful racial discrimination.

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Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisory Response (access required)

EEOC v. Xerxes Corp. An employer survives summary judgment on most of the EEOC's claims of a hostile work environment at a Maryland fiberglass tank plant, characterized by racial harassment of several African-American employees by multiple white employees over a two-year period, from racist slurs to a KKK threat and picture of a person hanging by a noose; but the 4th Circuit vacates summary judgment for employer on claims by two employees that from June 2005 to February 2006, their shift supervisor failed to adequately respond to their complaints.

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