Race Discrimination Claim Sufficiently Alleged Against Individual Defendant

From Felton v. Monroe Community College et al, No. 6:20-CV-06156 EAW, 2022 WL 71694 (W.D.N.Y. Jan. 7, 2022):

In support of his discrimination claim, Plaintiff alleges: (1) he was not permitted to teach certain classes, including the Intro to Linux class, during certain semesters (Dkt. 1 at 10); (2) he was not notified or selected for two full-time teaching positions (id. at 8); and (3) the courses he taught were moved to weekdays and therefore he was unable to teach them (id. at 10). Plaintiff further alleges that between 2016 and 2019, MCC hired several individuals into full-time teaching positions, including a white woman, an Asian man, and a white man, and Plaintiff was not notified of those employment postings. (See id. at 7 (“There were a number of attempts to determine my schedule, not to benefit me, because opportunities never materialized into additional courses for my adjunct teaching load, or notification of at least two full-time positions.”); id. at 8 (MCC hired a white woman, an Asian man, and a white man for full-time positions, and Plaintiff was not notified of the positions)). Further, Plaintiff alleges that, despite high demand for his regular classes, they were suddenly moved to weekdays when he was unable to teach, and he was not given a valid reason for why his classes were moved.

*7 Plaintiff’s claims against Dunker, who Plaintiff alleges made personnel decisions affecting his position teaching courses at MCC and therefore was personally involved in adverse actions taken against him, may proceed at this stage of the litigation. Again, no motion to dismiss is directed to these claims. Plaintiff alleges that Dunker prevented him from teaching certain classes, tried to undermine his schedule, and failed to honor his course requests. (See, e.g., Dkt. 1 at 7 (Plaintiff’s “initial concern” occurred when defendant Dunker, the ICT department chair, informed him that the Saturday courses taught by Plaintiff would be moved to weekdays); id. at 10 (Dunker failed to inform Plaintiff that an “Open House Lab” was scheduled during the time Plaintiff was scheduled to teach); id. at 11 (on April 5, 2019, Dunker advised Plaintiff that he could not honor his course request for Fall 2019); id. (Dunker assigned Intro to Linux course, which Plaintiff wanted to teach, in advance of the October 16th deadline and in violation of his own department procedures)).

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