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Isolated racial epithet supported hostile environment suit (access required)

Published: April 10, 2013

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A superior’s use of a racial epithet on one occasion constituted compelling evidence that a federal employee experienced a hostile work environment, the U.S. Court of Appeals for the D.C. Circuit has ruled in reversing a summary judgment.

Civil rights plaintiff can’t proceed under §1981 (access required)

Published: September 12, 2012

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A civil rights plaintiff could not circumvent §1983’s two-year statute of limitations by suing for race discrimination under §1981, the 6th Circuit has ruled in affirming a dismissal.

‘Cat’s paw’ theory supports individual §1981 liability (access required)

Published: May 29, 2012

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A company manager may be individually liable under §1981 for causing the employer to retaliate against another employee on the basis of his race, the 7th Circuit has ruled.

Plaintiff has more time to sue for retaliation under §1981 (access required)

Published: August 9, 2011

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A retaliation lawsuit brought under §1981 is subject to a four-year statute of limitations, not the state personal injury time-bar, the 9th Circuit has held in reversing a dismissal.

Black home buyers can’t sue for lending discrimination (access required)

By: Pat Murphy
Published: September 14, 2010

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Three African-American couples couldn’t show that their home lender imposed certain conditions on their mortgages for discriminatory reasons, the 3rd Circuit has ruled in affirming a summary judgment.

Law firm can be sued for race discrimination (access required)

By: Allison McAndrew
Published: June 16, 2010

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A law firm that allegedly hired a black attorney as a “marketing tool” and then excluded her from her area of expertise can be sued for racial discrimination under §1981, but not for harassment, a U.S. District Court in North Carolina has ruled.

Employer’s failure to investigate isn’t retaliation (access required)

By: Pat Murphy
Published: May 17, 2010

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An employer’s failure to investigate an employee’s complaints of racial discrimination did not constitute an “adverse employment action” necessary to support a retaliation claim, the 2nd Circuit has ruled in affirming a summary judgment.

Employees can sue for sabotage, punitive scheduling (access required)

By: Pat Murphy
Published: February 9, 2010

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Employees can sue for retaliation based on allegations that they were subjected to workplace sabotage and punitive scheduling after supporting a co-worker’s claim of race discrimination, the 2nd Circuit has ruled in reversing a summary judgment.

Hotel can be sued over wedding bias (access required)

By: Pat Murphy
Published: May 22, 2009

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A hotel may be liable for race discrimination based on an allegation that it failed to follow up on repeated inquiries from an African-American couple seeking a venue for a wedding party, the 6th Circuit has ruled in reversing a summary judgment.

Black shoppers can’t sue over discriminatory surveillance (access required)

By: Nora Tooher
Published: May 14, 2009

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Discriminatory surveillance by a retailer is insufficient to establish interference with a protected activity under §1981, the en banc 8th Circuit has ruled in reversing a panel decision.

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