Failure to Promote

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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In a recent case, Chenn & Bonnick v. MTA-New York City Transit Authority, Case No. 20-CV-2827 (FB) (JAM), 2023 WL 8891411 (E.D.N.Y. Dec. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s failure-to-promote claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Discriminatory Failure-to-Promote Claims Survive Summary Judgment, Court Holds
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In Dacier v. New York State Department of Labor, 2022 WL 16855210 (N.D.N.Y. Nov. 9, 2022), the court granted defendant’s motion for summary judgment dismissing plaintiff’s failure to promote claim asserted under Title VII of the Civil Rights Act of 1964. While the plaintiff here was not successful, this decision is instructive on what a…

Read More Title VII Failure to Promote Claim Tossed on Summary Judgment; Candidates With Superior Qualifications Sought
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In Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…

Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as Untimely
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In Bernard v. Care Design N.Y. et al, No. 20-cv-1527 (LJL), 2022 WL 4484556 (S.D.N.Y. Sept. 27, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based failure-to-promote claim asserted under Title VII of the Civil Rights Act of 1964. After reviewing, and rejecting, plaintiff’s other claims – including his claims of national…

Read More Gender-Based Failure-to-Promote Claim Sufficiently Alleged, Court Holds
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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged “adverse action” discrimination, based on race (Hispanic), under 42 U.S.C. 1981. (I discussed the court’s holding that the plaintiff sufficiently alleged a race-based “hostile work environment” here.)  From the…

Read More Race Discrimination (Failure-to-Promote) Claim Sufficiently Alleged
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In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged his claims of race discrimination. The court explained that, in order to make out a prima facie case of discrimination, plaintiff was required to show four elements, namely, that he “(1) is…

Read More Race Discrimination Claims Plausibly Alleged; Allegations Included Singling Out Etc.
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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 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 Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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