Mark & Galusha, Employment Law Attorneys - Ocean City, Cape May County, New Jersey

The plaintiff, Hossein Zeinali, is of Iranian descent and was employed by the Defendant Raytheon Company for approximately four years.  He sued the Raytheon Company in federal court, claiming that he was unlawfully terminated on the basis of his race and national origin after being denied security clearance by the Department of Defense.  The federal district court granted Raytheon’s motion for summary judgment, finding that it lacked subject matter jurisdiction over Zeinali’s claims.  Zeinali appealed, and the Ninth Circuit Court of Appeals reversed, finding that it has jurisdiction to address the merits of Zeinali’s discrimination claim.  Specifically, the Court of Appeals noted that Zeinali does not dispute the merits of the security clearance denial but rather disputes the bona fides of Raytheon’s professed security clearance requirement.  Zeinali introduced evidence showing that Raytheon retained similarly situated non-Iranian engineers who lacked security clearances.  Therefore, Zeinali will be allowed to proceed with his claim.   

Mark & Galusha, Lawyers handling employment matters in Avalon and Wildwood, Cape May County, New Jersey.

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