Accent – Mocking/Ridiculing/Negative Comments

From Kho v. New York and Presbyterian Hospital, 2018 WL 4759739 (S.D.N.Y. Sept. 30, 2018): The Hospital is entitled to summary judgment on Kho’s hostile work environment claims. These claims appear predicated on: (1) Holmes’ [plaintiff’s manager] comments regarding Kho’s accent and (2) occasions on which Holmes allegedly yelled at Kho. [T]he Court declines to…

Read More Court Explains Dismissal of Plaintiff’s Accent-Based Hostile Work Environment Claim
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In Duarte v. St. Barnabas Hospital, 2017 WL 4082307, at *17 (S.D.N.Y. Sept. 13, 2017), the court held that material issues of fact precluded summary judgment for defendant on plaintiff’s disability and national origin-based hostile work environment claim. As to plaintiff’s hearing condition, the court noted: Here, Plaintiff has offered evidence that – during weekly…

Read More Accent- and Disability-Based Hostile Work Environment Claim Survives Summary Judgment
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In Tomizawa v. ADT LLC, 13-CV-6366, 2015 WL 5772106 (E.D.N.Y. Sept. 29, 2015) (decision adopting Report & Recommendation), plaintiff alleged that his former employer discriminated against him and terminated his employment on the basis of his Japanese national origin, and that his supervisor retaliated against him for complaining of discrimination. From the (adopted) Report &…

Read More Court Dismisses “Accent-Related” National Origin Discrimination Claim
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