In March of 2011 the United States District Court for the Western District of Kentucky decided a case involving national origin discrimination. (See Adamov v. U.S. Bank National Assoc., 776 F.Supp. 2d 447 (W.D. Ky. 2011)). In this Louisville national origin discrimination case, the plaintiff was an employee of the defendants for over 10 years. Id. In 2004 he was hired as a vice president. In 2005 a new supervisor of plaintiff took over and began the discriminatory animus toward plaintiff. Id. Plaintiff claims that he made remarks in that plaintiff was Russian. At the time of the discrimination, plaintiff was a U.S. citizen. Id. Plaintiff complained of the national origin discrimination and felt that he was fired shortly thereafter for complaining. Defendants claim it was because of a personal loan he made to a college friend in 2007. Id.
Plaintiff in his Louisville national origin discrimination complaint sued the bank and two of his supervisors. As to one of his supervisors, the court dismissed that claim because it did not meet the bare minimum standard as required by case law as to minimum pleading requirements. But for one sentence, that supervisor is not mentioned again and the allegations against him were wholly deficient. Id. So that Louisville national origin discrimination claim against him was dismissed.
As to the next individual, that Louisville national origin claim was also dismissed. Id. But, it was dismissed because no individual liability against him could exist for discrimination under Title VII or the KCRA. “An individual employee/supervisor, who does not otherwise qualify as an ‘employer,’ may not be held personally liable under Title VII.” (cites omitted). The KCRA does allow for individual liability for retaliation claims. Id. But, in his Louisville national origin complaint the plaintiff did not allege retaliation and so that claim was dismissed as well.
Finally, as to the Louisville national origin discrimination complaint against the bank, that claim was allowed to stand. The reasoning was that the plaintiff in this case did make out a prima facie case of national origin discrimination as to the bank. The plaintiff was a top performer for the bank yet after many years was never promoted. Also, the plaintiff claimed that he was told by his supervisor that “immigrants don’t usually climb the corporate ladder” and that “your accent gives you up” and that his supervisor made reference to plaintiff’s ethnicity in front of his co-workers. Id. This direct evidence was enough to defeat a motion for summary judgment in this Louisville national origin discrimination case.
If you have been the subject of a Louisville national origin discrimination case, please call and speak to a Louisville national origin discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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