National Origin Discrimination

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In George v. Professional Disposables Int’l, Inc., 2017 WL 4574806 (S.D.N.Y., 2017), an employment discrimination case, the court denied defendant’s motion for reconsideration of the court’s denial of defendant’s motion for summary judgment. Plaintiff alleged that he was subjected to discrimination and a hostile work environment based on his race, color, and national origin in violation…

Read More Employment Discrimination Claims Continue; Court Denies Reconsideration of Summary Judgment Denial
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In Bailey v. Sunrise Senior Living Management, Inc., 16-cv-7184, 2017 WL 4712220 (E.D.N.Y. Oct. 18, 2017), the court dismissed plaintiff’s Amended Complaint – which purportedly alleged religion and national origin discrimination – because if did not address the deficiencies resulting in the dismissal of his original complaint. Like many cases, this one falters because plaintiff…

Read More Amended Complaint Dismissed; “You Are Not A Christian” Comment Insufficient to Plausibly Allege Religion or National Origin Discrimination
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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In Rogers v. Bank of New York Mellon, 2017 WL 4157376 (S.D.N.Y. Sept. 19, 2017), the court granted defendants’ motion for reconsideration and dismissed plaintiff’s claims of race- and color-based pay discrimination in violation of Title VII of the Civil Rights of 1964, the New York State Human Rights Law, and the New York City…

Read More Race/Color-Based Pay Discrimination Claims Dismissed on Reconsideration
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In Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…

Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination Claims
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleges that she was denied tenure because of her ethnicity, race, and national origin. The court granted plaintiff’s motion to amend her complaint to add a claim under 42 U.S.C. § 1981, finding that plaintiff…

Read More Chinese Professor Plausibly Alleges Intentional Discrimination Under 42 U.S.C. 1981; May Amend Complaint
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In Milione v. City Univ. of N.Y., 2017 (App. Div. 2d Dept. Aug. 23, 2017), the court affirmed the dismissal of plaintiff’s employment discrimination claims. Plaintiff, an Italian American, initially sued in federal court, alleging that “defendants discriminated and retaliated against him based on his national origin and his advocacy for Italian Americans.” The federal court…

Read More Federal Court’s Dismissal of Plaintiff’s Employment Discrimination Operates as Collateral Estoppel as to State and City Human Rights Law Claims
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here…

Read More 2d Circuit, Citing Plaintiff’s “Unacceptable Behavior”, Affirms Dismissal of Doctor’s Discrimination Claims
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In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining…

Read More City Employee Overcomes Summary Judgment on Race/National Origin Discrimination (Failure-to-Promote) Claim: Evidence Indicated That Plaintiff Was Qualified; Admission of Discrimination Was Not Hearsay
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