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Pacheco v. New York Presbyterian Hospital

593 F. Supp. 2d 599 (2009)

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Pacheco v. New York Presbyterian Hospital

United States District Court for the Southern District of New York

593 F. Supp. 2d 599 (2009)

Facts

New York Presbyterian Hospital (the hospital) (defendant) implemented a policy that its workers were to speak only English while they performed their job duties within hearing distance of patients. This policy was in response to patient complaints of feeling ridiculed while hospital employees spoke Spanish in front of them. The hospital made an exception for instances when a patient requested that the staff speak in Spanish. Jose Pacheco (plaintiff) worked for the hospital. Pacheco identified his national origin as Hispanic and was bilingual in English and Spanish. Not all of Pacheco’s supervisors spoke Spanish. Pacheco sued the hospital, alleging that the policy discriminated against him based on his national origin in violation of Title VII of the Civil Rights Act of 1964 (Title VII). The hospital did not discipline Pacheco the few times he spoke Spanish while performing his duties, and Pacheco did not present any evidence of the hospital or its employees disparaging or otherwise discriminating against Hispanic employees in other contexts. The hospital moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Karas, J.)

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