Attorneys obtained summary judgment on behalf of a hotel in a race and national origin discrimination action

Attorneys obtained summary judgment on behalf of a hotel in a race and national origin discrimination action.  The plaintiff initially pursued remedies through the state Human Relations Commission, alleging that her separation from employment -- which occurred as a result of plaintiff's failure to return to work after having exceeded the maximum allowable FMLA leave time of 12 weeks in a 12 month period -- constituted gender discrimination.  However, when plaintiff filed her lawsuit in federal court, she alleged that her separation from employment constituted unlawful race and national origin discrimination in violation of Title VII, the state Human Relations Act and Section 1981.  In dismissing plaintiff's claims in total, the judge agreed that plaintiff failed to exhaust her administrative remedies with regard to her race and national origin discrimination claims pursuant to Title VII or the state's HRA.  Nonetheless, in addressing the merits of plaintiff's claims for purposes of those statues and Section 1981, the judge noted plaintiff failed to provide any factual basis to demonstrate that her separation from employment occurred under circumstances that give rise to an inference of unlawful race or national origin discrimination.  In fact, the judge expressly stated that plaintiff's "subjective beliefs" that she "was treated poorly is insufficient to establish the presence for discriminatory animus required for liability." Accordingly, the judge granted summary judgment as to all counts of plaintiff's complaint.