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National Origin Discrimination

In Matter of NYS Div. of Human Rights v. SUV Prod., Inc., 2017 NY Slip Op 02910 (NY App. Div. 1st Dept. April 13, 2017), the court unanimously confirmed the findings of the New York State Division of Human Rights’ (DHR) December 19, 2008 Order concluding that respondent subjected complainants to discrimination and a hostile work environment based […]

In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights […]

In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national […]

In Balk v. New York Institute of Technology, No. 16-984-CV, 2017 WL 1103428, (2d Cir. Mar. 23, 2017) (Summary Order), the Second Circuit affirmed the dismissal of the race, national origin, and religious discrimination claims asserted by the plaintiff. The court considered, and rejected, plaintiff’s reliance on the so-called “customer preference” doctrine, which provides (in sum) that […]

In Hababi v. Lutheran Med. Ctr., 2016 NY Slip Op 32554(U), 501765/15 (NY Sup. Ct. Kings Cty. Dec. 16, 2016), a Brooklyn state court judge denied defendants’ motion for summary judgment on plaintiff’s hostile work environment (but granted it with respect to, and hence dismissed, her discrimination and retaliation) claims. In sum, defendant terminated plaintiff – a […]

In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s […]

In Uwoghiren v. City of New York, 2017 NY Slip Op 01782 (App. Div. 1st Dept. March 9, 2017), the court affirmed the summary judgment dismissal of plaintiff’s claim that he suffered a discriminatory failure to promote due to his national origin. From the decision: Plaintiff established prima facie that he was passed over for promotion under […]

In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian […]

One employer action that may, under certain circumstances, give rise to an employment discrimination claim is the implementation of a so-called “English only” policy. It has been reported, for example, that one North Carolina employer has implemented such a policy. The EEOC takes the position that English-only rules “violate the law unless the employer can show […]

In Demir v. Sandoz Inc. and Fougera Pharmaceuticals (NY Sup. Ct. NY Cty., Index 150954/2015, Feb. 17, 2017), the court held that plaintiff – a Muslim woman of Turkish national origin – sufficiently alleged causes of action for discrimination and hostile work environment (based on her gender, national origin, and religion) under the New York State […]