National Origin Discrimination

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In Lopez v. City of New York, 16-cv-4934, 2021 WL 4893624 (E.D.N.Y. Oct. 20, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claim(s) asserted under Title VII of the Civil Rights Act of 1964. From the decision: The plaintiff here does not rely…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Comments Amounted to “Isolated Incidents of Racial Enmity”
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In Benedith v. White Plains Hospital, 2021 WL 4555192 (S.D.N.Y. Oct. 4, 2021), the court dismissed plaintiff’s complaint, which asserted claims of race, color, and national origin discrimination (in the form of a failure to hire him as a physician). The court explained: At the pleading stage in an employment discrimination action, a plaintiff must…

Read More Failure-to-Hire Discrimination Claim Dismissed; Alleged “Contradiction” on Website Insufficient
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Ajoku v. New York State Office of Temporary and Disability Assistance, et al., No. 14321, 159104/18, 2020-02370, 2021 N.Y. Slip Op. 05394, 2021 WL 4597024 (N.Y.A.D. 1 Dept., Oct. 07, 2021), the court, inter alia, held that plaintiff sufficiently alleged national origin discrimination under the New York State Human Rights Law, and therefore reinstated…

Read More National Origin Discrimination Claim Reinstated
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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Jimenez v. 64th St. Auto Parts Inc., No. 153409/2020, 2021 WL 2416508 (N.Y. Sup Ct, New York County June 11, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. In…

Read More Race and National Origin Discrimination Claims Sufficiently Alleged Against 64th St. Auto Parts
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In Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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