Eric H. Deravin, III v. Bernard Kerik, Commissioner, and New York City Department of Corrections

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “race and national origin discrimination claims may substantially overlap or even be indistinguishable depending on the specific facts of a case”
• recognizing that we must look at the “substance of [a] charge,” not its “label” to determine what kind of claim a Title VII plaintiff brings
• holding that “even in the absence of an express linkage between race and national origin, the specific facts alleged by a plaintiff in his or her EEOC complaint may suggest both forms of discrimination.”
• noting that when deciding whether plaintiff has exhausted administrative remedies, the court focuses on the factual allegations describing the discriminatory conduct
• finding that defending against a discrimination charge is a 25 protected activity but only if it \involves actual participation in a Title VII proceeding or 26 investigation\
• noting that “courts have also recognized that race and national origin discrimination claims may substantially overlap or even be indistinguishable depending on the specific facts of a case”

Source: CourtListener parenthetical corpus (CC0).