FIrst Department reinstates racial discrimination claim

The Appellate Division has reinstated a claim that a Black plaintiff was denied a promotion and fired because of his race. The First Department recognizes that the complaint asserts a cause of action. We see once again how the New York State and City Human Rights Laws operate.

The case is Altidor v. Medical Knowledge Group, LLC, issued on February 17. This is a classic disparate treatment case. Plaintiff asserts that that he was fired after making one mistake. Two of his white coworkers made similar mistakes. But they were neither reprimanded nor terminated. Hence the disparate treatment claim. 

As the First Department puts it, "Plaintiff specifically alleged that one of the white coworkers was an IT Help Desk Technician, the same position he held, and that the coworker performed substantially similar work under similar working conditions. He further alleged that he helped fix some of the mistakes that this coworker had made in the past." Is this enough to assert a disparate treatment claim? Yes, says the First Department. We don't have much analysis here, but the facts, as stated in the ruling, make out a claim, opening up the case for discovery.

Plaintiff also asserts a claim for failure to promote. Plaintiff says that someone else got the position: a coworker got the position that plaintiff had already been performing. Nor was the position posted before it was filled. Under the generous standards guiding discrimination claims in the state and city, the First Department writes, "These allegations are sufficient to meet plaintiff’s pleading burden as this Court has previously held that it is unnecessary for a plaintiff to allege that he applied for a promotion where he has alleged that promotions were typically made unannounced and unsolicited or where defendant failed to advertise the position."