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Discrimination Claims Dismissed; Failure to Meet NYC Residency Requirement Rendered Plaintiff Unqualified For Position

by mjpospis on November 5, 2018

in Employment Discrimination, Employment Law, Race/Color Discrimination

From Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order):

In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could not satisfy the New York City residency requirement and thus be qualified for her job. … On appeal, Moore acknowledges that New York City residency was required for her position and that she lived in New Jersey. … Rather, Moore argues that the residency policy was applied in a discriminatory manner and was used pretextually to fire her because she is African-American with no Caribbean ancestry, and that comparator employees who are of African-Caribbean descent were permitted to violate the policy. … We agree with the District Court that Moore failed to allege that the African-Caribbean female comparators were similarly situated to her “in all material respects”—for example, that they held positions that were subject to the same New York residency requirement. … For this reason alone, we affirm the District Court’s dismissal of Moore’s employment discrimination claims.

Categories: Employment Discrimination, Employment Law, Race/Color Discrimination

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