Russian Opera Singer Anna Netrebko’s National Origin Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
From Judge Analisa Torres’s decision in Netrebko v. Metropolitan Opera Ass’n, Inc.:
In the [earlier order], the Court found that Netrebko did not allege direct evidence of discriminatory intent…. Netrebko contends, however, that the Court overlooked at least one allegation in the complaint—that the Met replaced Netrebko with exclusively non-Russian artists in the roles for which she had originally been cast….
Among other allegations, [Netrebko] claims that the Met promoted the fact that it replaced her, a Russian, with a Ukrainian artist—and that Gelb even “admitted that [the new performer’s] Ukrainian national origin was one reason the Met selected her for the role.” Netrebko further alleges that “the Met did not ask artists who were not of Russian origin about their views on Russia’s actions or ask them to make statements about the war in Ukraine or denouncing Putin,” even though some artists who performed at the Met had “received support from,” or even “expressed support for, Putin and/or the Russian government.” Together, such allegations support the inference that Netrebko’s replacement by non-Russian artists occurred under circumstances giving rise to at least a “minimal” inference of discrimination.
Here’s more from the post about last year’s decision, which also discusses Netrebko’s other claims (as to which the judge didn’t change her mind):
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From [the Aug. 22, 2024] opinion by Judge Analisa Torres (S.D.N.Y.) in Netrebko v. Metropolitan Opera Ass’n:
After Anna Netrebko, an acclaimed opera singer, refused to repudiate Russian President Vladimir Putin in the wake of Russia’s 2022 invasion of Ukraine, the Metropolitan Opera fired her….
Netrebko first alleges that the Met’s February 27 Policy, in which it announced it would cut ties with artists and institutions that support or are supported by Putin, is “facially discriminatory” because it “singles out Russian artists.” The Met argues that the Policy was “a political statement” and demonstrates that Netrebko’s termination “ha[d] nothing to do with Netrebko being Russian” and everything to do with the Met’s support for Ukraine and Netrebko’s support for Putin….
The February 27 Policy is not facially discriminatory as it does not explicitly implicate a protected class. On its face, non-Russians can run afoul of the Met’s policy. Moreover, a policy that targets “a generalized political affiliation, [and] not a specific national origin,” cannot form the basis of a claim for national origin discrimination. That there exist Russian expatriates in the United States who support Putin does not compel a finding that the February 27 Policy facially discriminates against them.
Next, Netrebko alleges that the Met’s discriminatory motivation is evidenced by (1) the “pretextual nature” of its stated reason for her firing (Netrebko’s support of Putin), and (2) the fact that she was replaced by non-Russian performers. The Court disagrees.
First, the truth or falsity of the Met’s stated reason for Netrebko’s termination is immaterial so long as the Met’s decision was based on a belief held in good faith. Netrebko has alleged no facts which plausibly suggest that the Met’s stated reason for her termination masked an invidious motive to discriminate against Russians. This argument is, therefore, unavailing.
Netrebko’s claim that her repla
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