National Origin Discrimination

In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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In Etienne v MTA New York City Transit Authority, No. 155727/22, 1567, 2023-02797, 2024 N.Y. Slip Op. 00372, 2024 WL 330868 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the New York Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination and hostile work environment…

Read More Race, National Origin, Religion Discrimination & Hostile Work Environment Claims Held Properly Dismissed Against the NYC Transit Authority
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of discrimination (based on race and national origin) under Title VII of the Civil Rights Act of 1964. Initially, the court determined that…

Read More Citing Inconsistencies in Defendant’s Actions, Court Finds Issues of Fact as to Pretext Warranting Denial of Summary Judgment Motion on Title VII Race/National Origin Discrimination Claims
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In Eliav v. Roosevelt Island Operating Corporation et al, 2024 WL 196477 (S.D.N.Y. Jan. 18 2024), the court, inter alia, held that plaintiff failed to allege a religion-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately alleged that he subjectively perceived the work…

Read More Hostile Work Environment Claims Dismissed; Comments Deemed “Petty Slights”
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In Jenes v. Secretary of Veterans Affairs, SA-22-CV-00740-OLG, 2023 WL 8582600 (W.D.Tex. Dec. 11, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of discrimination based on sex (female) and national origin (Russian) under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately pleaded an adverse employment…

Read More Title VII Discrimination Claims, Based on Sex and National Origin (Russian), Survives Dismissal, Court Rules
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In Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…

Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher Position
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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In Shah v. Shirley Ryan Abilitylab, 2023 WL 6388228 (N.D.Ill. Sept. 29, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment and constructive discharge claims. From the decision: To allege a plausible hostile work environment claim, the environment must be “both subjectively and objectively offensive,” and the conduct constituting the…

Read More “Routine Annoyances” Did Not Give Rise to Hostile Work Environment, Constructive Discharge Claims
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In Myrtil v. Serra Chevrolet, LLC, Case No. 2:22-cv-02595-MSN-tmp, 2023 WL 6367667 (W.D.Tenn. Sept. 29, 2023), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation to deny defendant’s motion to dismiss plaintiff’s claim of a hostile work environment (based on national origin) in violation of Title VII of the Civil Rights Act of…

Read More National Origin-Based Hostile Work Environment Claim Sufficiently Alleged
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In Cruz v. Nusret New York LLC, No. 157935/2021, 2023 WL 6126229, at *1 (N.Y. Sup Ct, New York County Aug. 29, 2023) – a case in which plaintiff asserts causes of action for gender and nationality-based discrimination, hostile work environment, and retaliation in violation of the New York State and New York City Human…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Granted; Absence of Signed Agreement Not Dispositive
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