National Origin Discrimination

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From Polite v. Khan Funds Management America, Inc., 2018 WL 894394 (S.D.N.Y. Feb. 5, 2018): Even assuming for purposes of this motion that KFMA is subject to Title VII, Plaintiff’s allegations still fail to state a claim for employment discrimination. Plaintiff has not alleged that his co-workers’ comments and behavior were either sufficiently pervasive or…

Read More Racially Hostile Work Environment Claim Dismissed; Humiliation, Teasing etc. Insufficient
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In Picault v. World Business Lenders, 16-cv-3682, 2018 WL 748975 (S.D.N.Y. Feb. 7, 2018) (J. Oetken), the Southern District of New York dismissed plaintiff’s (a Haitian-American man) national origin discrimination lawsuit. The court explained that a discrimination plaintiff “must satisfy his initial burden by showing (1) that he belonged to a protected class; (2) that…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses National Origin Discrimination Case Based on “Haitian Voodoo” Comment
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In Singa v. Corizon Health, Inc., 2018 WL 324884 (E.D.N.Y. Jan. 8, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment and discrimination (based on national origin) and retaliation claims under Title VII of the Civil Rights Law of 1964 and the New York State Human Rights Law. Among other claims, plaintiff asserted, inter…

Read More Hostile Work Environment Claims Dismissed; Rudeness Insufficient
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In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-0636, 2017 WL 5991757 (S.D.N.Y. Dec. 1, 2017), the SDNY granted in part and denied in part defendant Federal Reserve Bank of New York’s motion to dismiss. As to plaintiff’s claim under the NYC Human Rights Law, the court explained: Plaintiff alleges that Crouch [plaintiff’s…

Read More Race, Color, National Origin Discrimination Claims Survive Against Federal Reserve Bank of New York
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In Estevez v. S & P Sales and Trucking LLC et al, 17-cv-1733, 2017 WL 5635933 (S.D.N.Y. Nov. 22, 2017), the court held that plaintiff sufficiently alleged a race discrimination claim under 42 U.S.C. 1981. In sum, plaintiff – a male of Hispanic race and Dominican national origin – was terminated by defendants, allegedly on…

Read More Race & National Origin Discrimination Claims Sufficiently Pled; Complaint Sufficiently Alleged That Defendants Treated a Similarly Situated Employee in Different Racial Group More Favorably Than Plaintiff
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The court in Feliz v. Metropolitan Transportation Authority, 2017 WL 5593517 (S.D.N.Y. Nov. 17, 2017) dismissed plaintiff’s employment discrimination (failure-to-promote) case. In sum, the plaintiff (a Hispanic male Police Officer employed by the MTA Police Department) argued that he applied for, and was denied, an internal promotion as a result of discrimination on the basis…

Read More Court Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded
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In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower…

Read More Whistleblower, Discrimination, and Hostile Work Environment Claims Survive Dismissal
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In Patel v. City of New York, 2017 WL 4862745 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s failure-to-promote employment discrimination claim. The court summarized the law as follows (paragraphing altered): [C]laims for race and national origin discrimination under Sections 1981 and 1983 are analyzed under the burden-shifting framework…

Read More 2d Circuit: Lack of Qualification Justifies Dismissal of Failure-to-Promote Race/National Origin Discrimination Claims
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