Failure to Promote

by

In Thompson v. Douglas A. Collins, Secretary of Veterans Affairs, 22-CV-4732 (EK)(SDE), 2025 WL 2962734 (E.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender-based discrimination (failure to promote, transfer) claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: On a failure-to-promote claim, “it…

Read More Title VII Sex Discrimination (Failure to Promote, Transfer) Claims Dismissed
Share This:
by

In Caldrone v. Circle K Stores Inc., 2025 WL 2811320 (9th Cir. Oct. 3, 2025), the U.S. Court of Appeals for the 9th Circuit reversed and remanded the lower court’s award of summary judgment dismissing plaintiffs’ allegations of age discrimination (failure to promote) under the Age Discrimination in Employment Act (ADEA). The court proceeded to…

Read More ADEA Age Discrimination (Failure to Promote) Claims Resurrected From Summary Judgment Dismissal
Share This:
by

In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
Share This:
by

In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. After summarizing the relevant…

Read More Radio Host Jami Floyd’s Race Discrimination Survives Motion to Dismiss
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

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