National Origin Discrimination

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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

Read More Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case
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In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff on plaintiff’s hostile work environment claim. (The court issued its ruling one week after it heard oral argument in the case.) While it…

Read More Second Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the race, national origin, and age discrimination[1]In this post I’ll discuss the court’s evaluation of plaintiff’s race/national origin discrimination claims. allegations asserted by plaintiff (a brown-skinned man of Indian national origin who held…

Read More Race/National Origin Discrimination Claims Survive Summary Judgment Against Wyckoff Heights Medical Center et al
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In Daphnis v. Memorial Sloan-Kettering Cancer Center, 2017 WL 1021510 (N.Y.Sup.), 2017 N.Y. Slip Op. 30484(U) (Trial Order) (NY Sup. Ct. NY Cty. 153511/14 March 16, 2017), the court granted defendant’s summary judgment and dismissed plaintiff’s complaint alleging (e.g.) discrimination, hostile work environment, retaliation, defamation, and intentional infliction of emotional distress. The court summarized plaintiff’s allegations…

Read More Anti-Caucasian/Greek Discrimination & Hostile Work Environment Claims Dismissed
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In Matter of NYS Div. of Human Rights v. SUV Prod., Inc., 2017 NY Slip Op 02910 (NY App. Div. 1st Dept. April 13, 2017), the court unanimously confirmed the findings of the New York State Division of Human Rights’ (DHR) December 19, 2008 Order concluding that respondent subjected complainants to discrimination and a hostile work environment based…

Read More Court Upholds NYSDHR Finding of National Origin Discrimination & Hostile Work Environment and Resulting Damages
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In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More Math Teachers’ Age Discrimination Claims Partially Survive Motion to Dismiss
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In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…

Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims Dismissed
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In Balk v. New York Institute of Technology, No. 16-984-CV, 2017 WL 1103428, (2d Cir. Mar. 23, 2017) (Summary Order), the Second Circuit affirmed the dismissal of the race, national origin, and religious discrimination claims asserted by the plaintiff. The court considered, and rejected, plaintiff’s reliance on the so-called “customer preference” doctrine, which provides (in sum) that…

Read More 2d Circuit Affirms Dismissal of Non-Muslim American Professor’s Race/Religion/National Origin Discrimination Claims
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In Hababi v. Lutheran Med. Ctr., 2016 NY Slip Op 32554(U), 501765/15 (NY Sup. Ct. Kings Cty. Dec. 16, 2016), a Brooklyn state court judge denied defendants’ motion for summary judgment on plaintiff’s hostile work environment (but granted it with respect to, and hence dismissed, her discrimination and retaliation) claims. In sum, defendant terminated plaintiff – a…

Read More Muslim Woman Overcomes Summary Judgment on Religious and National Origin Based Hostile Work Environment, But Not Disparate Treatment and Retaliation, Claims
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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