In Almasri v. City of New York – N.Y.C. Dept. of Educ., No. 155062/2021, 2023 WL 3819099 (N.Y. Sup Ct, New York County June 05, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination claims. From the decision: The Court now turns to the branch of DOE’s motion, pursuant to CPLR…
Read More Arabic/Middle Eastern-Based Discrimination Claims Survive DismissalIn Bernardi v. New York State Department of Corrections and Community Supervision, 2023 WL 3230558 (S.D.N.Y. May 3, 2023), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national-origin based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: At his…
Read More Race/National Origin-Based Hostile Work Environment Claim Dismissed; “Go Back to Italy” Allegation InsufficientIn Edouard v. John S. Connor, Inc., Civil No. 2:22cv263, 2023 WL 3127622 (E.D.Va. April 27, 2023), the court, inter alia, held that plaintiff sufficiently alleged a plausible hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Although Plaintiff’s factual allegations are not overly detailed, the Court…
Read More Title VII Hostile Work Environment Survives Dismissal; Allegations Included Supervisor’s Comments About Chinese Persons’ Appearance and Eating HabitsIn Buon v. Spindler, 2023 WL 2903401 (2d Cir. April 12, 2023), the court vacated the lower court’s order dismissing plaintiff’s discrimination claim. From the decision: Here, Buon has met her minimal burden by alleging facts that give rise to a plausible inference of discrimination with respect to the denial of her application to administer…
Read More Second Circuit Revives Discrimination Claims; “Mosaic” of Allegations SufficientHappy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…
Read More St. Patrick’s DayIn a recent case, High v. Wells Fargo Bank, 2023 WL 2505540 (E.D.Va. March 14, 2023), the court offered interpretive guidance on 42 U.S.C. § 1981 which, generally, prohibits race discrimination in the making and enforcement of contracts (which has been interpreted to mean the “at will” employment relationship). While Title VII of the Civil…
Read More Court Discusses 42 U.S.C. § 1981’s Applicability Where National Origin Discrimination is AllegedIn Ajoku v. Contento et al, No. 158941-2021, 2022 WL 17733380 (N.Y. Sup Ct, New York County Dec. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of national origin discrimination and retaliation claims asserted under the New York State Human Rights Law. Specifically, plaintiff alleged that he “has been harassed…
Read More National Origin Discrimination, Retaliation Claims (Involving, in Part, Twin Brother’s Lawsuit) Survive DismissalIn Heavans v. Dodaro, No. 22-836 (BAH), 2022 WL 17904237 (D.D.C. Dec. 23, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination based on his national origin (Iranian), but not his sex. With respect to the issue of whether the alleged offending conduct constitutes an actionable “adverse employment action,” the…
Read More National Origin Discrimination Claim, Based on Alleged “Mimicking” and “Caricaturing” Iranian Background and Accent, Survives DismissalIn Opara v. Yellen, 2023 WL 193678 (9th Cir. Jan. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s national origin discrimination claim. As in many, if not most, employment discrimination cases, the plaintiff failed to establish that, even assuming plaintiff established a prima facie case of discrimination, they failed to demonstrate that…
Read More National Origin Discrimination Claim Properly Dismissed, Ninth Circuit ConcludesIn Brown v. New York City Dept. of Educ., No. 157642/2020, 2023 WL 173201, 2023 N.Y. Slip Op. 30106(U) (N.Y. Sup Ct, New York County Jan. 12, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims (in part) against the NYC Dept. of Education. From the decision: With respect…
Read More National Origin Discrimination Claims Proceed Against NYC Dept. of Education