Whole Foods was unable to shake a federal job discrimination suit filed by a pro se litigant, after U.S. District Judge Paul Engelmayer of the Southern District of New York agreed to largely adopt a magistrate judge’s report and recommendations.

Last May, Whole Foods asked for summary judgment on Title VII claims brought by Thierno Diallo, a Guinean immigrant who worked in the company’s Midtown East store from September 2012 until December 2015. According to Diallo, he faced discrimination and a hostile work environment from co-workers and supervisors, many of whom were born outside of the U.S. themselves, because of his African heritage.

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