Failure to Promote

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In Pollock v. Dermot Shea & City of New York, 20-cv-6273, 2021 WL 4962736 (S.D.N.Y. Oct. 26, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims against the defendants under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. Initially, the court…

Read More Court: Gender Discrimination Claims Sufficiently Alleged Against City of New York and Individual Defendant
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Villella v. City of Lockport, 17-CV-898S, 2021 WL 3726103 (W.D.N.Y. Aug. 23, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim, based on a “sex stereotyping” theory. From the decision: Plaintiff objects to one of Mayor McCaffrey’s reasons for rejecting her for the Assessor position because the Mayor did not believe Plaintiff was…

Read More Gender Discrimination Claim Dismissed; “Not a Team Player” Comment Did Not Evidence “Sex Stereotyping”
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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based failure-to-promote claim asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). After summarizing…

Read More Race-Based Failure-to-Promote Claim Insufficiently Alleged, Court Holds
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…

Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discriminatory failure-to-promote claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). (The court also held that plaintiff sufficiently alleged…

Read More Failure-to-Promote Claims Sufficiently Alleged Against MetLife
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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged a discriminatory failure to promote claim under the New York State and City Human…

Read More NYPD Detective’s Failure-to-Promote Discrimination Claims, Based on Age and National Origin (Russian), Sufficiently Alleged Under NYS & NYC Human Rights Laws
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s “failure to promote” gender discrimination claim. Plaintiff argued that (1) the Commission Chair harbored discriminatory views, telling plaintiff during her interview for the position that,…

Read More Gender Discrimination Claim Fails in Light of Prior Denial of Discriminatory Comment
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In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
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