Talwar v. Staten Island Univ. Hosp. — Mar. 2016 (Summary)

DISCRIMINATION

Talwar v. Staten Island Univ. Hosp.
No. 12-CV-33 (CBA) (E.D.N.Y. Mar. 31, 2016)

The New York City Human Rights Law makes it an unlawful practice for an employer to refuse to hire or employ or to bar or discharge from employment such persons or to discriminate against such persons in compensation or in terms or privileges of employment because of a protected characteristic, such as national origin or gender.  A physician from India was working in the U.S. on an O-1 visa, which is meant to allow those with extraordinary talents to work in the U.S. for a limited time.  The visa is renewable, but is only meant for individuals who plan to work in the U.S. for a short time and then return to their country of origin.  The physician’s supervisor did not want to continue to help the physician renew her visa because he felt she no longer met the qualifications.  Additionally, the physician alleged that her employment agreement was altered based on her gender and that she was retaliated against for her complaints.  The court held that she did not present sufficient evidence to support her claims.