Employer’s Failure to Use Employee’s New Name Does Not Amount to National Origin Discrimination

Judge Kevin McNulty of the U.S. District Court for the District of New Jersey dismissed a pro se action that plaintiff Erwin LeJon-Twin El, who changed his name upon joining the Moorish Science Temple of America, brought against his employer Impax Laboratories alleging several claims of discrimination based on his national origin.

In October 2014 Mr. LeJon-Twin El announced his new name to his employer. The employer agreed to use the new name whenever possible but would still use his birth name for federal I-9 and payroll tax purposes. The employer agreed to use the new name whenever it was legally changed.

In April 2016, LeJon-Twin El sued Impax, claiming the company discriminated against him based on his national origin. The Court held that an employer’s making out a paycheck to a worker under his birth name, rather than a new name that was not formally changed through appropriate government channels, was not a discriminatory act. Moreover, the Court found that plaintiff, who was still being paid with no diminution in pay, responsibilities or benefits, had not suffered an adverse employment action.