On January 5, 2010, United States District Court Judge Bernice B. Donald denied, on all counts, defendant Hilton Hotels’ motion for summary judgment of state and federal claims of discrimination and retaliation, allowing Kumar v. Hilton Hotels Corp. to proceed to trial. Mr. Manoj Kumar, an Indian native and former information technology department employee, alleges that he was denied a promotion due to alienage, retaliated against, and ultimately terminated in violation of Title VII of the Civil Rights Act, Section 1981, and the Tennessee Human Rights Act.
Also included in Mr. Kumar’s complaint are allegations that he was told to start a business selling statues of a Hindu god and ridiculed over his accent. After attempting to assert his rights, Mr. Kumar was retaliated against and ultimately terminated. Hilton Hotels claims that the adverse employment actions suffered by Mr. Kumar were related to performance and in no way related to his national origin or alienage. They also claim that continued poor performance and behavioral issues were to blame for his termination and not his engagement in the protected behavior of asserting his rights. Finding that genuine issues of material fact exist surrounding all claims, Judge Donald appropriately denied the motion on all counts. Importantly, Judge Donald also found direct evidence of alienage discrimination, prohibiting summary judgment from being granted. A copy of the opinion is available here. A jury trial is scheduled to begin January 19, 2010.
Mr. Kumar is represented by Adam Augustine Carter and R. Scott Oswald, Principals at The Employment Law Group® law firm. For more information on the firm’s Discrimination Law Practice, click here.
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