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Burmese man loses workplace discrimination appeal

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A man born in Burma whose employment at a Mooresville factory was terminated after co-workers complained about his behavior failed to persuade the 7th Circuit Court of Appeals to reinstate his claim of discrimination based on national origin.

The court affirmed summary judgment in favor of the employer in Cung Hnin v. TOA (USA), LLC, 13-3658. After Hnin was fired from TOA’s automotive metal stamping plant, he sued claiming violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000.

Hnin claimed discrimination on the basis of national origin and also brought a retaliation claim, arguing the company fired him after he voiced concern about the promotion of ethnic Chin workers.

But the 7th Circuit panel affirmed judgment in the employer’s favor granted by U.S. District Judge Sarah Evans Barker of the Southern District of Indiana. TOA investigated claims and interviewed employees who alleged that Hnin repeatedly insinuated a sexual relationship between two co-workers. Other co-workers said Hnin often got angry, acted aggressively and made them uncomfortable. He also told workers to slow down production so workers could get more overtime, according to the record.

“Viewing the evidence and all reasonable inferences in Hnin’s favor, he has not pointed to any evidence suggesting that (TOA officials) did not honestly believe (their) reasons for terminating Hnin’s employment,” wrote Judge Amy J. St. Eve, sitting by designation from the U.S. District Court, Northern District of Illinois. “Therefore, we affirm the district court’s judgment as to Hnin’s national origin discrimination claim.”

Regarding the retaliation claim, Hnin “has not presented a convincing mosaic of circumstantial evidence that would permit a jury to infer that TOA retaliated against him,” St. Eve wrote.




 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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