Qing Qin v. Vertex Inc, No. 23-1031 (3d Cir. 2024)
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The case involves Qing Qin, a Chinese software architect who alleges that he was denied a promotion and wrongfully terminated from his position at Vertex, Inc. based on his race and national origin. He also claims that he was retaliated against for complaining about the alleged discrimination and that he was subjected to a hostile work environment. The District Court granted summary judgment in favor of Vertex on all claims.
The case was reviewed by the United States Court of Appeals for the Third Circuit. The court agreed with the District Court that Qin did not present evidence to demonstrate a sufficiently severe and pervasive hostile work environment. However, the court found that Qin presented evidence that would give rise to an inference of discrimination and presented comparator evidence that would allow a reasonable jury to determine Vertex’s reasons for denying promotion and termination were pretextual. The court also found that the evidence and timeline of his protected activity are sufficient to find causation on his retaliation claims under their precedent.
Therefore, the court affirmed the District Court’s grant of summary judgment in favor of Vertex on Qin’s hostile work environment claim but vacated the District Court’s order on his discrimination and retaliation claims. The case was remanded for further proceedings consistent with the opinion of the Court of Appeals.
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