Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lyons v. Citi Trends Inc.

NYSHRL Race Discrimination Claim Is Dismissed But Claim Under 42 USC §1981 Survives

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ORDER & OPINION Plaintiff Tarsha Lyons (“Plaintiff”) brings this action against Citi Trends, Inc. (“Citi Trends” or “Defendant”), asserting a claim of racial discrimination in violation of 42 U.S.C. 1981 (“Section 1981″) and New York State Executive Law (“NYSHRL”), Article 15 Section 296. (See ECF No. 14 (“Am. Compl.”).) Presently, before the Court is Defendant’s motion to dismiss the Amended Complaint. (ECF No. 17.) For the following reasons, the motion is GRANTED in part and DENIED in part. BACKGROUND The following facts as taken from Plaintiff’s Amended Complaint are accepted as true and construed in the light most favorable to Plaintiff for purposes of this motion. Plaintiff is an African American woman who sought patronage of Defendant’s retail location in Middletown, New York on October 8, 2020. (Am. Compl.

5, 7). Plaintiff alleges that she was denied service by an employee solely on the basis of her race. (Id. 16). Defendant’s employee insisted on taking Plaintiff’s bags upon her entrance to the store, despite the employee’s acknowledgement to the Plaintiff that there was no bag check policy in place. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Litigation Attorney

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...


Apply Now ›
LITIGATION ASSOCIATE

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...


Apply Now ›
Intellectual Property Patent Prosecution Associate - Multiple Offices

Boston, MA; Minneapolis, MN; New York, NY; Philadelphia, PA; Pittsburgh, PA; Princeton, NJ; Washington, D.C.; West Palm Beach, FL Descriptio...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
Go to Professional Announcements