National Origin Discrimination

In Melton v. Malcolm Shabazz, L.P. et al., 2021 WL 535661 (SDNY Feb. 12, 2021), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Fair Housing Act, 42 U.S.C. § 3601, et seq. In sum, plaintiff alleged that repairs to her apartment were delayed due to her race and/or national origin, and that…

Read More Fair Housing Act Claim Dismissed; “Delayed/Untimely Repairs” Were Not Racially Motivated
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In Tihan v. Apollo Management Holdings, L.P., No. 152196/2019, 2021 WL 274709 (N.Y. Sup Ct, New York County Jan. 27, 2021), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s (a Turkish Muslim) claims of discrimination based on his national origin or religion. The court rejected plaintiff’s argument that his performance reviews…

Read More National Origin, Religious Discrimination Claims Dismissed Against Apollo Management Holdings
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In Rivera v. NYC Department of Education, 2020 WL 7496282 (S.D.N.Y. Dec. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Focusing on the timely allegations, the only non-conclusory allegations in this category are that Fanning “acted very coldly” towards Plaintiff and that Plaintiff received negative performance evaluations for…

Read More Hostile Work Environment Claim Dismissed Against NYC Dept of Education; “Acting Coldly” Plus Negative Performance Evaluations Insufficient
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In Kwong v. City of New York, No. 152932/2013, 2020 WL 7360816 (N.Y. Sup Ct, New York County Dec. 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment on his national origin discrimination claim asserted under the New York City Human Rights Law. As to whether plaintiff suffered an “adverse employment action”,…

Read More National Origin (Chinese) Discrimination Claim Survives Summary Judgment; Evidence Included Derogatory References to Chinese Food, Accent
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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged a discriminatory failure to promote claim under the New York State and City Human…

Read More NYPD Detective’s Failure-to-Promote Discrimination Claims, Based on Age and National Origin (Russian), Sufficiently Alleged Under NYS & NYC Human Rights Laws
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In Siena v. Primo Pizza 84 LLC et al, No. 705179/2016, 69 Misc. 3d 1215(A), 2020 N.Y. Slip Op. 51344(U), 2020 WL 6704163 (NY Sup. Ct., Queens Cty., Nov. 05, 2020), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law in this area, the court applied…

Read More Hostile Work Environment Claim Dismissed; “Guido”, Wise Guy” Remarks & Accent Mocking Insufficient
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In Kalia v. City University of New York, 2020 WL 6875173 (SDNY Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claim(s). The court provides the following (well-established) overview of the “black letter law” in this area: [F]or Kalia’s Title VII hostile work environment claim to survive, he…

Read More Hostile Work Environment Insufficiently Alleged; Negative Conduct
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Mezinev v. Donald Smith & Co., Inc., 161367/2017, 2020 NY Slip Op 33429 (N.Y. Sup. Ct. N.Y. Cty. Oct. 9, 2020), the court, inter alia, dismissed defendant employer’s counterclaims for breach of contract, breach of fiduciary duty, and violation of the faithless servant doctrine. Plaintiff commenced this action seeking damages for alleged employment discrimination…

Read More Employer’s Breach of Contract Claim, Based on Alleged Secret Recording of Conversations in the Workplace, Dismissed
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s gender and national origin-based hostile work environment claim. After outlining the “black-letter law” relating to this claim, the court summarized plaintiff’s contentions: In support…

Read More Hostile Work Environment Claim Dismissal Affirmed; “Handful of Comments Made Over a Decade” Held Insufficient
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