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Harassment Action Dismissed on Foreign Sovereign Immunity Grounds

By Philip M. Berkowitz

A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 et seq., in a discrimination case filed against foreign governments and their agencies and instrumentalities.

In Kato v. Ishihara, 2004 WL 301002 (2/18/04), the plaintiff was a Japanese citizen employed by the Tokyo Metropolitan Government (TMG). She alleged that she was sexually harassed while working for the TMG in New York in 1998-2000, and subjected to retaliation upon her return to Tokyo in March 2000. The defendants were the governor and municipal government of the city of Tokyo.

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