This section contains the nature of the case and procedural background.

P, a former senior editor at D, brought claims for unlawful race discrimination and harassment in violation of 42 U.S.C. § 1981. P alleges that she was subjected to a discriminatory work environment and ultimately terminated due to her race. P had accepted a position as a senior editor at D in 2009. P was the only black editor. Betsy Gleick, who is white and is P's superior gave P a negative performance evaluation and told P: 'You need to talk like everyone else here. You're not at Essence anymore.' P alleged that Gleick hindered her ability to succeed at People by cancelling or skipping meetings where P was scheduled to pitch article ideas, intentionally excluding P from important emails, assigning to white editors stories within P's area of the magazine, and insisting that 'the only types of stories she and People Magazine were interested in printing were those concerning: 'White middle-class suburbia.'' P was terminated as part of a larger restructuring. P alleges termination due to her race, as she was replaced by a less qualified white employee. P was terminated as part of a larger restructuring. P alleges termination due to her race, as she was replaced by a less qualified white employee.

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