Where a woman sued an agency of the Korean government that was not engaging in exempt commercial activity, the agency was immune from suit.
Background
Hyuna Lee sued Korea Innovation Center, or KIC, Korea-U.S. Science Cooperation Center, or KUSCO, National Research Foundation of Korea, or NRF, and Sihoon Ryu, asserting 16 claims. Defendants have filed a motion to dismiss.
FSIA
NRF argues that this Court lacks subject matter jurisdiction over it because it is immune from suit under the Foreign Sovereign Immunities Act. Because NRF is an agency or instrumentality of the Korean government that was not engaging in exempt commercial activity, the court agrees. Accordingly, the claims against NRF will be dismissed, and NRF will be removed as a defendant in this action.
Because plaintiff has alleged that she was paid $30,000 per year less than her predecessor for the same role, she has sufficiently pleaded a prima facie case, and the claim will be permitted to go forward on this disparate treatment theory. Turning to her alleged discharge, plaintiff fails to assert sufficient facts to properly allege that her discharge was connected to her gender, rather than some other more plausible factor (such as retaliation).
Finally, the other various incidents alleged by plaintiff are the kinds of workplace incidents that courts have held do not constitute adverse employment actions because they do not affect the terms and conditions of employment. And, to the extent...
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