National Origin Discrimination

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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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In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile…

Read More Unasserted Gender Discrimination & Hostile Work Environment Claims Dismissed as Not Administratively Exhausted
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In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…

Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
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In today’s political climate, it is more important than ever to protect workers from workplace discrimination, including sexual harassment and discrimination based on protected characteristics such as gender, race/color, religion, sexual orientation, and national origin. Last week the U.S. Equal Employment Opportunity Commission, the federal administrative agency tasked with enforcing, inter alia, Title VII of the…

Read More EEOC Issues Enforcement Guidance on National Origin Discrimination
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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