Case of the Day: Zhang v. Tiptop Energy Prod. U.S., 2016 U.S. Dist. LEXIS 165061 (W.D. Okla. Nov. 30, 2016)

Summary:

Plaintiff, a Chinese national who is a permanent resident of the United States, sued the defendant, a U.S. subsidiary of a Chinese state-owned energy company. Plaintiff alleged national origin discrimination, gender discrimination and retaliation based on the defendant's action taken in response to the plaintiff's pregnancy with her second child. Defendant allegedly warned the plaintiff that she was in violation of China's one child policy, and retaliated when the plaintiff brought a claim with the EEOC.

Defendant moved to dismiss the discrimination based on national origin claim, and the court denied the motion, without much analysis.

Takeaway:

This happens all the time--an Asian company sets up a subsidiary in the United States, treats its workers (who are often immigrants from Asia) arbitrarily, and face litigation based on U.S. employment law.