Kumar v. Hilton Hotels Corp.
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TELG client Manoj Kumar defeated Hilton’s motion for summary judgment, allowing his case to go to trial, because he presented genuine issues of material fact for his discrimination and retaliation claims.
Summary of Filed Complaint
TELG client Manoj Kumar alleged that he was discriminated against because of his alienage and national origin and that he was retaliated against after he complained about his supervisors refusal to allow him to apply for a position.
What Happened in Court
The U.S. district court in Tennessee held that Kumar presented indirect evidence creating a genuine issue of material fact as to whether he was qualified for a promotion and it was filled by an individual with comparable or lesser qualifications. Kumar presented direct evidence of alienage discrimination by presenting evidence that his employer instructed him that it would promote him immediately if he no longer needed it to sponsor his permanent residency application. Finally, the court held that a genuine issue of material fact exists as to whether Kumar was termination in retaliation for his protected activity.