Theater Director Files Federal Lawsuit Against New York City Theater Company New 42 for Racial Discrimination, Hostile Work Environment, and Harassment

The plaintiff, New 42 employee Kevin Ray, alleges that New 42 actively and deliberately promoted racial stereotyping and discrimination through misguided DEI initiatives

Mr. Ray is supported by the Foundation Against Intolerance & Racism

NEW YORK, June 9, 2022 /PRNewswire/ -- The Foundation Against Intolerance & Racism ("FAIR"), the nonpartisan, nonprofit organization dedicated to advancing civil rights and liberties, announced today that Kevin Ray, a theater director supported by FAIR, has filed a lawsuit in the Southern District of New York against his employer, New York theater company The New 42nd Street ("New 42"), alleging racial discrimination and a pervasively hostile work environment.

Since 2015, Mr. Ray has been a Teaching Artist at New 42, where he promotes arts education through theatrical presentations to students in schools throughout New York City. As an employee at New 42, Mr. Ray has suffered from an ongoing hostile work environment resulting from the organization's promotion of segregation, stereotypes based on skin color, and disparaging insults.

The lawsuit alleges nine causes of action, including hostile work environment and discrimination under Title VI and Title VII of the Civil Rights Act of 1964, which prohibit discrimination against anyone, regardless of skin color. Mr. Ray claims New 42 violated those and other laws by segregating employees based on skin color for workplace trainings and repeatedly disparaging employees based on their skin color, including through more than seventy racially-charged emails. According to the complaint, that conduct included the following:

• Claiming "placing White folks in interracial dialogue is like placing pre-algebra students in a calculus class" and "White people need something akin to a remedial course."
• Distributing materials filled with demeaning stereotypes, including that "white" behavior is characterized by "not listening," "denial," "defensiveness," "lack of inquiry," "either/or binary thinking," and "not owning one's white group identity."
• Stereotyping "black" people as incapable of or uninterested in objectivity, perfectionism, and individualism.
• Accusing the "white group" of "replicat[ing] the worst facets of dominant culture."
• Claiming that "whiteness…divides each and all of us from the earth, the sun, the wind, the water, the stars, [and] the animals that roam the earth."
• Berating "white" people for "demanding to be seen as an individual and not as a part of the white group."
• Beginning meetings with employees stating their home address and acknowledging that they live on land stolen from Native American, First Nations and Indigenous peoples.
• On yet another occasion, Mr. Ray received an email demanding that he and other "white" employees make reparation payments to a "black colleague" solely on the basis of their skin color.

Mr. Ray alleges that, despite raising serious concerns with New 42 about its hostile work environment, the organization made no changes and instead, retaliated against him by no longer giving him work as a Teaching Artist. Although Mr. Ray is still employed by New 42, he has been given no meaningful work opportunities since he voiced his concerns.

Bion Bartning, Founder and Executive Director of FAIR, said, "We are deeply troubled by New 42's actions, which not only violate anti-discrimination laws but also are contrary to the ideals of compassionate and pro-human opposition to racism. No matter our skin color, we share 99.9% of our DNA with every human on this planet. As such, we believe that respect for our common humanity is essential to eradicating racism. The positive goals of diversity, equity, and inclusion can and should be furthered through unifying efforts, rather than by shaming or stereotyping based on skin color. Intentional discrimination is the opposite of antiracism. We are proud to support Mr. Ray in standing up for civil rights, and a pro-human approach that centers on our shared humanity."

To learn more, please visit our website to view a short film about Kevin Ray and his experience with New 42.

The Foundation Against Intolerance & Racism is a nonpartisan, nonprofit organization dedicated to advancing civil rights and liberties and promoting fairness, understanding, and humanity. FAIR has nearly one hundred chapters and tens of thousands of members nationwide. For more information, see www.fairforall.org.

MEDIA INQUIRIES

AUGUST LLC:

Steve Ginsburg / Matt Harrison
323.892.5559
FAIR@augustco.com

GENERAL INQUIRIES

Leigh Ann O'Neill
leigh-ann.oneill@fairforall.org

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SOURCE Foundation Against Intolerance & Racism