Abiodun v. Martin Oil Service, Inc

In Abiodun v. Martin Oil Service, Inc. 475 F.2d 142, (7th Cir. 1973), 2nd cert. denied 414 US 866, 94 S. Ct. 57, 38 L.Ed. 2d 86 (1973), Nigerian citizens signed contracts with an oil company for training in the United States as executives and subsequent employment in Nigeria. They discovered after arrival in the United States that they were to be trained as service station operators and not as executives. The Court in its opinion stated as follows: Plaintiffs also assert. . . . the theory that they were discriminated against because of their status as aliens and members of a particular ethnic group, in violation of 42 USC 1981. However, the complaint fails to allege any specific acts of discrimination based on race or national origin and is subject to dismissal on this basis. . . . Plaintiff's brief merely asserts that the entire contractual connection involved in this case can be viewed as a sophisticated form of discrimination, designed to exploit individuals handicapped due to their national origin. We find no error in the dismissal at the 1981 claim. Id. at 145.