National Origin Discrimination

In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…

Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
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In today’s political climate, it is more important than ever to protect workers from workplace discrimination, including sexual harassment and discrimination based on protected characteristics such as gender, race/color, religion, sexual orientation, and national origin. Last week the U.S. Equal Employment Opportunity Commission, the federal administrative agency tasked with enforcing, inter alia, Title VII of the…

Read More EEOC Issues Enforcement Guidance on National Origin Discrimination
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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From Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate treatment under each statute, the court turns to the sufficiency of the pleadings. The court finds that none of Plaintiff’s timely allegations…

Read More Title VII Race, National Origin Discrimination Claims Insufficiently Alleged
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In Pothen v. Stony Brook Univ., No. 13-cv-6170, 2016 WL 5716842 (E.D.N.Y. Sept. 30, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims. As to plaintiff’s discrimination claims (based on adverse actions short of termination), the court explained: With respect to plaintiff’s claims…

Read More Plaintiff’s National Origin and Religion (Non-Termination) and Hostile Work Environment Claims Plausibly Alleged
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From St. Jean Jeudy v. City of New York, 2016 NY Slip Op 06045 (App. Div. 1st Dept. Sept. 15, 2016): It is undisputed that plaintiff made out the first three elements of his claim of invidious employment discrimination under the State and City [Human Rights Laws]. We find that he also made out the fourth…

Read More Accent-Based Race/National Origin Discrimination Claims Survive Motion to Dismiss
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In a recently-filed Manhattan federal court complaint, captioned Davy v. Darren Davy (SDNY 16-07083), plaintiff Angela Maria Puerta – a nanny and housekeeper who worked for defendants Darren Davy and Asmaa Davy – asserts claims of unpaid wages, hostile work environment, and unlawful termination. From the complaint: 1. For more than two years, [plaintiff] worked…

Read More Nanny/Housekeeper’s Wage/Hour, Hostile Work Environment, Unlawful Termination Allegations Against Darren & Asmaa Davy
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A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be…

Read More Court Rejects Motion to Amend Complaint to Add Retaliation Claim; Informal Reprimands Were Not “Adverse Employment Actions”
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