National Origin Discrimination

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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank
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In Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However,…

Read More Court Dismisses National Origin Discrimination, Hostile Work Environment Claims; No Basis to Infer Anti-Vietnamese Animus
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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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