National Origin Discrimination

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The New York City Commission on Human Rights recently issued a document titled “Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin“. It begins by summarizing and outlining the contributions that immigrants has made to New York City: Approximately 3.2 million New York City residents were born outside of the…

Read More NYC Commission on Human Rights Issues Enforcement Guidance on Immigration Status and National Origin Discrimination
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In Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…

Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected Characteristic
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The phrase “go back to where you came from” – trending in light of the POTUS’ use of the sentiment against four Congresswomen of color – has a long history. The U.S. Equal Employment Opportunity Commission (EEOC) has cited the phrase as indicative of national origin discrimination. Specifically, in a brochure titled “Employment Rights of…

Read More “Go Back to Where You Came From”
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In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
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From MARIOS PANAYIOTOU, Plaintiff, v. N.Y.C. DEPARTMENT OF EDUCATION, Defendant., 2019 WL 2453438, at *5 (E.D.N.Y., 2019): As to the alleged national origin- and age-based animus, the incidents as described are not severe or pervasive enough to support a hostile work environment claim. Again, the plaintiff cites the principal’s instruction to “speak clearly” – an…

Read More National Origin- and Age-Based Hostile Work Environment Claims Dismissed
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In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…

Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination Claims
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In Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…

Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”
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In Emengo v. Stark, 2019 WL 2206250 (2d Cir. May 22, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s failure-to-promote race/national origin discrimination claim. After summarizing the law, the court explained: While Defendants sufficiently established non-discriminatory reasons for the failure to promote Emengo, he has failed to present sufficient evidence that…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claim
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In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment
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In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims
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