Failure to Promote

In Burgis v. City of New York Dept. of Sanitation, 2018 NY Slip Op 33322(U) (NY Sup. Ct. NY Cty. Dec. 20, 2018), the court dismissed plaintiffs’ claims of discriminatory failure to promote. As to the disparate treatment claim, the court explained: Here, as defendant contends, the Court finds that the complaint is devoid of any…

Read More NYC Sanitation Department Wins Dismissal of Discriminatory Failure-to-Promote Claims
Share This:

In Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…

Read More Race/National Origin Discrimination Case Survives Summary Judgment
Share This:

In Wheeler v. The Bank of New York Mellon, 2018 WL 3730862 (N.D.N.Y. August 6, 2018), the court held, inter alia, that plaintiff – a Mexican woman – plausibly asserted a failure-to-promote employment discrimination claim. In reaching this conclusion, the court pointed to plaintiff allegation that the less-qualified American woman was given the position instead.…

Read More Failure-to-Promote Claim Survives Dismissal Against BNY Mellon
Share This:

In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…

Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination Claim
Share This:

In Hunt v. Con Edison Co. N.Y.C., 16-CV-0677, 2017 WL 6759409 (E.D.N.Y., 2017), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-promote race discrimination claim under Title VII of the Civil Rights Act of 1964.[1]The court also, inter alia, dismissed plaintiff’s retaliation claims. The court summarized the basic legal framework: To establish a…

Read More Failure-to-Promote Race Discrimination Claim Survives Dismissal
Share This:

In Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…

Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”
Share This:

In Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other Reasons
Share This:

The court in Feliz v. Metropolitan Transportation Authority, 2017 WL 5593517 (S.D.N.Y. Nov. 17, 2017) dismissed plaintiff’s employment discrimination (failure-to-promote) case. In sum, the plaintiff (a Hispanic male Police Officer employed by the MTA Police Department) argued that he applied for, and was denied, an internal promotion as a result of discrimination on the basis…

Read More Court Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded
Share This:

In Patel v. City of New York, 2017 WL 4862745 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s failure-to-promote employment discrimination claim. The court summarized the law as follows (paragraphing altered): [C]laims for race and national origin discrimination under Sections 1981 and 1983 are analyzed under the burden-shifting framework…

Read More 2d Circuit: Lack of Qualification Justifies Dismissal of Failure-to-Promote Race/National Origin Discrimination Claims
Share This:

In Wood v. New York City Transit Authority, 2017 WL 4871371 (2d Cir. Oct. 30, 2017) (Summary Order), the court affirmed the dismissal of, inter alia, plaintiff’s failure-to-promote claim. Plaintiff, a New York City bus driver, filed this lawsuit after he was not promoted to dispatcher. The court gives us an overview of the applicable…

Read More Failure-to-Promote Claim Properly Dismissed; Proposed Comparators Did Not Engage in Similar Conduct
Share This: