Facts

Plaintiff Carlito Mendoza works as a certified nursing assistant for the Tunnell Center for Rehabilitation and Healthcare ("Tunnell"), a nursing and rehabilitation facility operated by defendant Kindred Nursing Centers West, LLC.

On Aug. 9, 2010, Tunnell terminated Plaintiff's employment following a suspension. On Aug. 12, Defendant reinstated Plaintiff.

On Feb. 14, 2011, Plaintiff filed suit against defendant in federal court alleging national origin discrimination, retaliation, and harassment. Plaintiff is of Filipino national origin.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant terminated his employment, suspended him, and took other alleged adverse actions upon reinstating his employment based on his national origin. Plaintiff further alleged that he was subjected to harassment based on his national origin and that Defendant retaliated against him for complaining about discriminatory treatment.

DEFENDANT'S CONTENTIONS:
Defendants contended that it suspended Plaintiff, terminated his employment, and took other alleged adverse actions for legitimate, non-discriminatory, non-pretextual reasons. Defendant further contended none of its employees subjected Plaintiff to severe or pervasive harassment because of his national origin. Defendant also alleged Plaintiff never complained about mistreatment based on his national origin and therefore could not prove as part of his retaliation claim that he engaged in a protected activity.

Result

The court granted summary judgment for Defendants.

Other Information

FILING DATE: Feb. 14, 2011.