The New York Appellate Division of the Supreme Court has ruled in favor of a complainant who alleged discrimination based on national origin against Engolos LLC, doing business as Plein Sud. The court's decision, issued on May 12, 2026, confirmed that the company discriminated against Israel Aguilar Perez, who is of Mexican national origin, and directed Engolos LLC to pay significant damages. This ruling is important as it reinforces protections against workplace discrimination and highlights the responsibilities of employers to maintain a fair and respectful work environment.
The case began when the New York State Division of Human Rights (DHR) found that Engolos LLC and its supervisor, Ehsan Pishyar, violated the state's human rights law. The DHR's investigation revealed that Perez faced derogatory comments from his supervisor and was ultimately terminated after a dispute. The ruling emphasizes the need for employers to address discrimination and harassment in the workplace.
Israel Aguilar Perez was employed as a kitchen worker at Engolos LLC. He filed a complaint with the DHR after experiencing discrimination at work. The DHR's findings indicated that Perez was qualified for his position, yet he faced a hostile work environment due to his national origin. The case escalated to the Appellate Division after Engolos LLC sought to challenge the DHR's order, which mandated back pay, compensatory damages, and civil penalties.
The Appellate Division's ruling confirmed the DHR's findings, stating, "The record establishes that complainant is of Mexican national origin, that he was qualified for the position as a kitchen worker, that his supervisor referred to him in derogatory terms, including a derogatory reference to his national origin, and that Engolos and Pishyar fired him after he got into a dispute with his supervisor." The court, which included Judges Scarpulla, Mendez, Shulman, Rodriguez, and Hagler, emphasized that the evidence supported the claim of discrimination and a hostile work environment.
The court found that Engolos LLC and Pishyar failed to provide a legitimate reason for terminating Perez's employment. The ruling stated, "DHR properly found that Engolos and Pishyar failed to articulate a legitimate, nondiscriminatory reason for terminating complainant's employment." This failure to provide justification for the termination contributed to the court's decision to uphold the DHR's order.
In addition to confirming the discrimination ruling, the Appellate Division upheld the DHR's awards to Perez. He was awarded back pay totaling $31,320 and compensatory damages for mental anguish amounting to $10,000. The court also confirmed civil fines and penalties against Engolos LLC totaling $20,000. The ruling stated that these awards were "reasonably related to the wrongdoing," and supported by evidence presented during the DHR's investigation.
The court's decision is significant as it reinforces the legal standards surrounding workplace discrimination and the responsibilities of employers to ensure a safe and equitable work environment. It serves as a reminder that discriminatory practices based on national origin are not tolerated under New York law.
Going forward, this ruling may influence how employers handle complaints of discrimination and harassment. It highlights the importance of taking such complaints seriously and addressing them promptly to avoid legal repercussions. Employers may need to implement stronger training and policies to prevent discrimination in the workplace.
The ruling may also encourage other employees who have faced discrimination to come forward and seek justice. It shows that the legal system can provide remedies for those who have been wronged, reinforcing the notion that workplace discrimination will not be overlooked.
As for what’s next, Engolos LLC has the option to appeal the decision to a higher court. However, details regarding any potential appeal were not available in the court filing. There are no related cases pending that were mentioned in the ruling.