National Origin Discrimination

In Etienne v MTA New York City Transit Authority, No. 155727/22, 1567, 2023-02797, 2024 N.Y. Slip Op. 00372, 2024 WL 330868 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the New York Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination and hostile work environment…

Read More Race, National Origin, Religion Discrimination & Hostile Work Environment Claims Held Properly Dismissed Against the NYC Transit Authority
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of discrimination (based on race and national origin) under Title VII of the Civil Rights Act of 1964. Initially, the court determined that…

Read More Citing Inconsistencies in Defendant’s Actions, Court Finds Issues of Fact as to Pretext Warranting Denial of Summary Judgment Motion on Title VII Race/National Origin Discrimination Claims
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In Eliav v. Roosevelt Island Operating Corporation et al, 2024 WL 196477 (S.D.N.Y. Jan. 18 2024), the court, inter alia, held that plaintiff failed to allege a religion-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately alleged that he subjectively perceived the work…

Read More Hostile Work Environment Claims Dismissed; Comments Deemed “Petty Slights”
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In Jenes v. Secretary of Veterans Affairs, SA-22-CV-00740-OLG, 2023 WL 8582600 (W.D.Tex. Dec. 11, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of discrimination based on sex (female) and national origin (Russian) under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately pleaded an adverse employment…

Read More Title VII Discrimination Claims, Based on Sex and National Origin (Russian), Survives Dismissal, Court Rules
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…

Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher Position
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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