Hosseini v. Siemens Corporation

Background

Siemens Corporation hired Mohammad Parsa Hosseini as a Senior Staff Research Scientist on December 6, 2021. Hosseini alleged that his supervisor, Annemarie Breu, insulted him, interfered with his work, attacked his character, and repeatedly commented that he had trouble communicating in English and did not belong on her team because of his identity. He also alleged that Breu said that “the people of his country [Iran] are immature.”

Hosseini alleged discrimination based on sex, race, ethnicity, religion, national origin, and disability. He described himself as Muslim, ethnically Persian, and an immigrant from Iran. He also alleged that he experienced mental-health conditions, requested medical leave and reasonable accommodations, and was terminated on January 9, 2023. His amended complaint asserted five causes of action: discrimination under California’s Fair Employment and Housing Act (FEHA); FEHA harassment; retaliation under FEHA; retaliation under California Labor Code section 1102.5; and wrongful termination in violation of public policy.

Motion and Legal Standard

Siemens moved under Federal Rule of Civil Procedure 12(b)(6), which requires dismissal when a complaint does not state a legally sufficient claim. The court considered whether the amended complaint contained enough factual allegations to make each challenged claim plausible. The court accepted well-pleaded allegations as true for this motion but did not have to accept conclusory statements or unreasonable inferences.

FEHA Discrimination Claim

The court explained that a FEHA discrimination claim generally requires allegations showing that the plaintiff belonged to a protected class, was qualified or performing competently, suffered an adverse employment action, and faced circumstances suggesting a discriminatory motive.

The court held that Hosseini had not alleged facts connecting an adverse employment action to his sex, gender, color, or religion. As to sex and gender, the amended complaint described him as an “ethnically Persian man” but did not allege that those characteristics motivated the alleged discrimination. As to color, the complaint did not allege that Siemens’s actions were motivated by skin color rather than race or national origin. As to religion, the complaint identified Hosseini as Muslim and referred to Muslim coworkers, but did not connect specific discriminatory conduct directed at Hosseini to his religious identity.

The court granted Siemens’s motion to dismiss the discrimination claim as it related to sex, gender, color, and religion. The court stated that the discrimination claim survived as it related to disability, race, national origin, and ancestry. The court granted leave to amend because Hosseini’s opposition suggested that additional supporting facts might be available.

FEHA Harassment Claim

The court explained that FEHA harassment requires allegations that the plaintiff was harassed because of a protected characteristic and that the conduct was severe or pervasive enough to create a hostile work environment. Personnel-management actions, such as placing an employee on a performance plan or terminating employment, may support discrimination claims but are not harassment for this purpose.

The court found the harassment claim insufficient as to all of Hosseini’s protected characteristics. It found no evidence connecting the conduct to sex, gender, disability, or color, and found that many of the allegations connecting the comments to national origin, religion, race, and ancestry were conclusory. Although the court recognized that Hosseini appeared to have suffered distress and viewed the issue as close, it concluded that the specific facts alleged did not plausibly show objectively severe or pervasive harassment.

The court dismissed the harassment claim in full and granted Hosseini leave to amend it with more specific factual details.

Disposition

Judge Susan Illston granted Siemens Corporation’s motion to dismiss Hosseini’s discrimination claim based on sex, gender, color, and religion. The court dismissed Hosseini’s harassment claim in full, granted leave to amend both challenged claims, and stated that the litigation would proceed on the remaining claims if Hosseini did not amend. The order required any amended complaint to be filed by December 20, 2024.