Failure to Promote

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In Dufour v. Havas Gemini, LLC, No. 25-CV-8915 (LAP), 2026 WL 2185298 (S.D.N.Y. July 29, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-promote claim. From the decision: The only alleged incident within the limitations period of the Title VII and ADEA claims is Plaintiff’s termination. Even considering Plaintiff’s other allegations as…

Read More Discriminatory Failure-to-Promote Claim Dismissed; Plaintiff Did Not Allege That He Applied For the Position
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In Brooks v. Bright Horizons Family Solutions, Inc., et al, No. 25-1830-CV, 2026 WL 1660493 (2d Cir. June 9, 2026), the U.S. Court of Appeals for the Second Circuit reversed a lower court decision, and held that plaintiff plausibly alleged race discrimination in the form of termination and failure to promote under Title VII of…

Read More Second Circuit Reverses Dismissal of Race-Based Discrimination Claims
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In Altidor v. Medical Knowledge Group LLC, 2026 NY Slip Op 00870 (N.Y. App. Div. 1st Dept. Feb. 17, 2026), the court unanimously reversed a lower court’s decision granting defendant’s motion to dismiss plaintiff’s claims of discriminatory non-promotion and termination under the New York State and City Human Rights Laws, and reinstated those claims. From…

Read More Dismissal Reversed; Race-Based Failure to Promote and Termination Claims Sufficiently Alleged
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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
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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…

Read More Race-Based Discrimination & Hostile Work Environment Claims Sufficiently Alleged Against City of New York, Court Holds
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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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