Accent – Mocking/Ridiculing/Negative Comments

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In Mukhina v. Walmart, Inc., No. 24-11586, 2025 WL 3703679 (11th Cir. Dec. 22, 2025), the U.S. Court of Appeals for the Eleventh Circuit, inter alia, affirmed a lower court’s award of summary judgment to defendant on plaintiff’s claim of national origin discrimination (in the form of a hostile work environment) asserted under Title VII…

Read More Accent-Based National Origin Hostile Work Environment Claim Dismissal Affirmed
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In Esqueda, M.D., Jonathan v. NYU Langone Hospitals, 2025 WL 1785870 (SDNY June 27, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. After summarizing the black-letter law applicable…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Mocking of Accent Insufficient
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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s national origin discrimination claims under the New York State and City Human…

Read More National Origin Discrimination, Constructive Discharge Claims Survive Dismissal; Evidence Included Remarks About Plaintiff’s Accent
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In Crump v. City of New York, No. 155802/2013, 2024 WL 4957329 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants have demonstrated that the conduct at issue was not…

Read More Hostile Work Environment Claims Dismissed; Alleged Joking About Accent Held Insufficient
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In Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: That branch of defendant’s motion…

Read More Race & National Origin Discrimination Claims Sufficiently Alleged, Based on Alleged Negative Comments as to Plaintiff’s Accent
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In Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of employment discrimination – based on age and race – asserted under the New York State and City Human Rights Laws. From the decision:…

Read More Age, Race Discrimination Claims Survive Summary Judgment; Court Cites Derogatory Comments About Age, Accent
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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Summary Judgment; Court Cites Accent Mocking and Excessive Monitoring
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In 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 Dismissal
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The anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law prohibit (inter alia) discrimination based on “national origin.” See 42 U.S.C. § 2000e–2(a)(1). The regulations flesh out this aspect of Title VII as follows: The Commission defines…

Read More “National Origin” Discrimination Under Title VII Etc.
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In Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…

Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary Judgment
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