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Nagaraj v. Sandata Techs. LLC

Worker Proceeds on Claim of Hostile Job Site Race Bias Resulting in Constructive Discharge

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MEMORANDUM & ORDER Plaintiff Balaji Nagaraj (“Plaintiff”) commenced this action against defendant Sandata Technologies, LLC (“Defendant”) asserting claims under 42 U.S.C. §1981 (“Section 1981″), among others. By Report and Recommendation (“R&R”) dated June 16, 2020, Magistrate Judge Anne Y. Shields recommended that the Court grant in part and deny in part Defendant’s motion to dismiss Plaintiff’s Second Amended Complaint. (R&R, D.E. 33; Mot., D.E. 24; Sec. Am. Compl., D.E. 19.) Defendant timely filed objections. (Obj., D.E. 34; Obj. Opp., D.E. 35; Reply, D.E. 36.) For the following reasons, Defendant’s objections are OVERRULED, the R&R is ADOPTED, and Defendant’s motion is GRANTED in part and DENIED in part. BACKGROUND The Court presumes the parties’ familiarity with the factual background as set forth in the R&R. In brief, in August 2004, Plaintiff, who is a South Asian male of Indian descent, began working for Defendant as a Unix Database Administrator. (Sec. Am. Compl. 5.) Defendant sponsored Plaintiff for a green card under category EB3, even though he met the qualifications for a green card under EB2. (Id.

7-8.) After discovering the discrepancy, Defendant refused to change the sponsorship category until Plaintiff raised the issue with Defendant’s President. (Id. 9.) While working for Defendant, Plaintiff consistently received “average” to “above average” performance evaluations. (Id. 10.) Frank Duci (“Duci”), a Caucasian male, supervised Plaintiff until Duci’s promotion in 2009 when David Meyer (“Meyer”), another Caucasian male, became Plaintiff’s supervisor. (Id.

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