National Origin Discrimination

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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…

Read More Court Affirms Dismissal of Nigerian Plaintiff’s Failure-to-Promote Discrimination Claim
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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…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
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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…

Read More English-Only Policies and the Anti-Discrimination Laws
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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…

Read More Muslim/Turkish Woman Sufficiently Alleges Gender, National Origin, and Religious Discrimination Against Sandoz
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In Morshed v. St. Barnabas Hosp., No. 16 CIV. 2862 (LGS), 2017 WL 543236 (S.D.N.Y. Feb. 10, 2017), the court overruled defendants’ claims that ten documents were “privileged under the self-critical analysis privilege, peer review privilege and quality assurance privileges.”[1]Specifically, defendants asserted the following as grounds for their assertion of privilege: Rule 501 of the…

Read More Court Overrules Defendants’ Claims of Privilege in Sexual Harassment/Hostile Work Environment Case
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In Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…

Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination Claim
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In Zhao-Royo v. New York State Educ. Dept., 14-CV-0935, 2017 WL 149981 (N.D.N.Y. Jan. 13, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s employment discrimination claims. As to her disparate treatment claim, it concluded that plaintiff “failed to identify circumstances justifying an inference that [alleged] incidents were actually related to Plaintiff’s…

Read More Court Dismisses Disparate Treatment Employment Discrimination Claim; Finds Comparator Evidence Insufficient and No Connection Between Brusque/Rude/Unfriendly Conduct and Protected Status
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In Nadesan v. Citizens Fin. Grp., No. 16-942-CV, 2016 WL 7177496 (2d Cir. Dec. 8, 2016) (Summary Order; Judges Livingston, Chin, Carney), the court clarified the scope of 42 U.S.C. § 1981, a federal statute that prohibits certain forms of discrimination. Section 1981 of the Civil Rights Act of 1866 provides, in pertinent part: All persons…

Read More 2d Circuit Clarifies Scope of Race Discrimination Statute, 42 U.S.C. § 1981
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From Matter of Khan v. N.Y. City Health & Hosps. Corp., 144 A.D.3d 600 (N.Y. App. Div. 1st Dept. Nov. 29, 2016): The termination of petitioner’s appointment as Director of Pharmacy did not violate a constitutional or statutory provision or a policy established by decisional law (see Matter of Bergamini v. Manhattan & Bronx Surface…

Read More Pharmacy Director’s Race, Religion, National Origin Discrimination Claims Properly Dismissed; Article 78 Proceeding Unsuccessful
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 1:14-CV-03461-WFK-JO, 2016 WL 7330554 (E.D.N.Y. Dec. 16, 2016), the court upheld a jury verdict for an African American plaintiff on her employment discrimination claims. This employment discrimination case, asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, “began…

Read More Court Upholds Jury Verdict in “Instagram Planet of the Apes” National Origin Discrimination Lawsuit
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