National Origin Discrimination

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From Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018): Plaintiff has sufficiently alleged he is part of a protected class and that he was qualified for his position to satisfy the motion to dismiss standard. (Compl. ¶¶ 25–29.) However, whether Plaintiff sufficiently alleged that he was subject to…

Read More Plaintiff Plausibly Alleges Title VII National Origin Discrimination Claim
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In Karimian v. Time Equities, Inc., 2018 NY Slip Op 05583 (App. Div. 2nd Dept. Aug. 1, 2018), the court, inter alia, affirmed the dismissal of plaintiff’s claims of employment discrimination, hostile work environment, and retaliation. The court explained that while “a cause of action asserted pursuant to NYCHRL must be analyzed independently from similar or identical…

Read More NYC Human Rights Law Claims Barred by Collateral Estoppel [Karimian v. Time Equities]
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In Wheeler v. The Bank of New York Mellon, 2018 WL 3730862 (N.D.N.Y. August 6, 2018), the court held, inter alia, that plaintiff – a Mexican woman – plausibly asserted a failure-to-promote employment discrimination claim. In reaching this conclusion, the court pointed to plaintiff allegation that the less-qualified American woman was given the position instead.…

Read More Failure-to-Promote Claim Survives Dismissal Against BNY Mellon
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In Spano v. New Team LLC, No. 153586/16, 2018 WL 3646977, 2018 N.Y. Slip Op. 31829(U) (Sup Ct, New York County Aug. 01, 2018), plaintiff alleged that defendants failed to hire and promote her because she was not a first-generation Italian, and that defendants improperly terminated her after she complained of discriminatory conduct. The court, inter…

Read More Citing Preference for “First Generation Italian”, Court Denies Motion to Dismiss Employment Discrimination Claim
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The fact pattern underlying the court’s decision in Maidana v. Boston Culinary Group, Inc., 16-cv-2342, 2018 WL 3614111 (E.D.N.Y. July 27, 2018), are (to say the least) disturbing: Plaintiff worked as a bartender for Defendant’s Fig’s Café located in LaGuardia Airport, Terminal B (hereinafter “Fig’s Café” or “Defendant”). (See Compl. ¶ 8–10.) An incident occurred…

Read More Court Dismisses LAG Bartender’s Discrimination Claim Following Alleged Customer Harassment
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…

Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination Claim
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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In Caddick v. Personnel Co. I LLC, 16-cv-7326, 2018 WL 3222520 (S.D.N.Y. June 29, 2018), the court dismissed plaintiff’s Title VII claims of gender and national origin discrimination claims because they were not properly “exhausted” at the Equal Employment Opportunity Commission (EEOC). The court explained: In Plaintiff’s Second Amended Complaint, she has asserted that she was…

Read More Court: Discrimination Claims Must Be Separately Exhausted at the EEOC
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In Adlah v. Emergency Ambulance Services, 17-CV-4688, 2018 WL 3093972 (E.D.N.Y. June 22, 2018), the court held that plaintiff – who worked for defendant as an EMT – pleaded enough facts to support his claims of employment discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964 on the basis…

Read More Lebanese Muslim Plaintiff Plausibly Alleges National Origin and Religion-Based Discrimination and Hostile Work Environment Claims
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In Kobos v. Target Corporation et al, 15–cv-5573, 2018 WL 2943575 (E.D.N.Y. June 12, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained the legal standard: To establish a claim for a hostile work environment, a plaintiff must show “that the complained of conduct: (1) is objectively severe or pervasive—that…

Read More Hostile Work Environment Claim Dismissed; “Unprofessional” and “Upsetting” Conduct Insufficient
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