National Origin Discrimination

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In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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In Altman v. New Rochelle Pub. Sch. Dist., No. 13-CV-3253 (NSR), 2016 WL 3181153 (S.D.N.Y. June 2, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s national origin discrimination claim. “In order to establish a prima facie case of discriminatory termination of employment [under Title VII], the plaintiff must show that she belongs to…

Read More Title VII Plaintiff Survives Summary Judgment on National Origin Discrimination Claim
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In Kasiotakis v. Macy’s Retail Holdings, Inc., No. 14 CIV. 462 CM, 2015 WL 6125356 (S.D.N.Y. Oct. 16, 2015), the court granted defendant Macy’s motion for summary judgment as to plaintiff’s national origin discrimination complaint. The court explained that plaintiff failed to prove “pretext” as part of the burden-shifting analysis as provided for by  McDonnell…

Read More Greek Ancestry Not Connected to Termination; Discrimination Case Dismissed
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The Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…

Read More Nepotism Insufficient to Establish Race/National Origin Discrimination
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In Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…

Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights Law
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In Ahmed v. Astoria Bank, No. 14-CV-4595, 2016 WL 1254638 (E.D.N.Y. Mar. 31, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (race, religion, national origin) and retaliation. This decision is instructive on what is required to survive summary judgment on a Title VII hostile work…

Read More Alleged “Terrorist” (Etc.) Comments Were Insufficient to Survive Summary Judgment on Hostile Work Environment Claim; Retaliation Claim Dismissed For Failure to Exhaust Administrative (EEOC) Remedies
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In a lawsuit captioned Tomahawk v. 207-215 W 98th St. Condominium et al (NY Sup. Ct. NY Cty. 152509/2016, filed March 23, 2016), the plaintiff – a disabled Native American and Hispanic porter at a Manhattan building – alleges that he was subjected to discrimination based on his disability and Native American heritage. From the…

Read More Disparaging Remarks About Native Americans Alleged in Manhattan Employment Discrimination Lawsuit
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A plaintiff asserting discrimination under Title VII of the Civil Rights Act of 1964 must establish, among other things, that they suffered an “adverse employment action.” That term, like many in the law, has a specialized meaning. In Boza-Meade v. Rochester Hous. Auth., No. 6:14-CV-6356 EAW, 2016 WL 1157643 (W.D.N.Y. Mar. 21, 2016), the court…

Read More Criticism of Work Etc. Was Not “Adverse Employment Action”; Race and National Origin Discrimination Case Dismissed
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