In Jean-Pierre v. City of New York, No. 153859/2023, 2024 WL 4753498 (N.Y. Sup Ct, New York County Nov. 12, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of race discrimination and hostile work environment.
From the decision:
Plaintiff’s amended complaint alleges sufficient facts to support claims of discrimination and hostile work environment under NYSHRL and NYCHRL. To plead race discrimination under NYCHRL, a plaintiff must demonstrate that they were treated “less well” than others due to a protected characteristic. NYSHRL and NYCHRL standards require showing: (1) membership in a protected class, (2) qualification for the position, (3) disparate treatment, and (4) circumstances suggesting discriminatory motive (Harrington v. City of New York, 157 AD3d 582, 584 [1st Dept 2018]).
Plaintiff alleges that his white partner, who was similarly situated, received a promotion after the 2020 incident, while Plaintiff did not. This constitutes prima facie evidence of racial bias, and the court is obligated to consider these facts as true under Williams v. New York City Hous. Auth., 61 AD3d 62 (1st Dept 2009). Plaintiff’s assertion that non-Black officers received more favorable assignments and promotion opportunities further supports an inference of racial discrimination, satisfying NYCHRL’s “less well” standard. The decision in Williams underscores that racial discrimination claims under NYCHRL are to be interpreted broadly, favoring plaintiffs and requiring less stringent proof at the pleading stage than federal standards. …
The court also finds that Plaintiff has adequately alleged a hostile work environment under NYCHRL, which only requires proof that the work environment was less favorable due to a protected characteristic. Plaintiff’s allegations of repeated unfavorable assignments, lower evaluations tied to these assignments, and denial of promotion raise plausible claims of an environment that was hostile to him on the basis of race, satisfying the standards set forth in Bilitch v. New York City Health & Hosp. Corp., 194 AD3d 999 (2d Dept 2021).
As such, the court held that plaintiff’s amended complaint sufficiently alleges claims for discrimination and hostile work environment – except as to events predating September 12, 2019, on statute of limitations grounds – and granted plaintiff’s cross-motion to amend the complaint, with the amended complaint deemed sufficient to withstand dismissal.