Court finds sufficient evidence for national origin bias and retaliation but dismisses parts of disability claim
Brooklyn, NY – A federal judge in the Eastern District of New York has ruled that a former New York City School Construction Authority employee can move forward with several of her discrimination and retaliation claims, alleging that her supervisor repeatedly mocked her Dominican accent and national origin before she was later fired.
Key Points
- Plaintiff claims her supervisor mocked her Dominican accent and disparaged Dominican employees.
- Court allows national origin discrimination, hostile work environment, and retaliation claims to proceed.
- Disability discrimination claims partially dismissed for lack of specific accommodation details.
Judge finds allegations of bias and retaliation sufficient to proceed
In a detailed opinion issued by U.S. District Judge Brian M. Cogan, the court ruled that plaintiff Jessenia Polanco presented enough factual allegations to support her claims under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law.
Polanco, a Hispanic woman of Dominican descent, alleged that her supervisor, Diana Mendez, made ongoing disparaging remarks between October 2023 and December 2024, including claims that “Dominican employees cannot write or speak English” and repeated public mockery of her accent during staff meetings. According to court filings, Polanco was excluded from meetings, ridiculed in front of coworkers, and later received negative performance reviews after filing internal discrimination complaints.
The court found that, if proven, those facts could establish a “hostile work environment” and a retaliatory motive linked to her firing after she complained to both SCA’s internal Equal Employment Opportunity office and the EEOC.
Disability discrimination claim narrowed
Polanco also alleged that after being diagnosed in December 2023 with Functional Neurological Disorder (FND)—a condition affecting her mobility and speech—the SCA denied her request for a reasonable accommodation. However, Judge Cogan dismissed portions of that claim, finding that the plaintiff did not specify what accommodation she sought or how its denial directly violated the law.
Despite that, the court left open the possibility that her disability-based retaliation claims could be further supported through evidence obtained during discovery.
A case highlighting workplace discrimination and oversight
Polanco’s lawsuit points to broader questions of workplace accountability within public agencies. She argues that SCA’s internal EEO investigation was compromised by its reporting structure, which she claims tied directly to agency leadership with personal ties to her supervisor.
Judge Cogan’s order allows the most serious allegations of national origin discrimination, hostile work environment, and retaliation to proceed toward trial or settlement discussions, while narrowing the scope of her disability claims.
Tags: discrimination, retaliation, New York City
