National origin discrimination claims typically involve allegations of discrimination based on an employee’s non-American country of origin. Middlebrooks v. Teva Pharmaceuticals USA, Civ. A. No. 17-412 (E.D. Pa. Aug. 31, 2018) involved the atypical claim of alleged national origin discrimination based on anti-American bias. The court denied the employer’s motion for summary judgment seeking to dismiss the plaintiff’s claim for national origin discrimination stemming from his termination, as well as his age discrimination and retaliation claims.

Stephen Middlebrooks is a 60-year old American who began working for Teva Pharmaceuticals USA, Inc. (Teva) in 2001 in the company’s North Wales, Pennsylvania office. In or around 2013, Teva created a global facilities management group. Teva chose Nir Aharoni, a then-53-year-old Israeli, based in Israel, to lead the new group. In November 2014, Aharoni promoted Middlebrooks to senior director, facility management for the newly formed North American facilities management group. Prior to promoting Middlebrooks, Aharoni asked him about his age and retirement plans.