National Origin Discrimination

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In Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…

Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period Insufficient
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In Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…

Read More Race Discrimination Claim Against NY DOT Improperly Dismissed
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In Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…

Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive Dismissal
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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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