ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

August 07, 2015

Court dismissed discrimination complaint for failure to allege discriminatory intent and for failure to exhaust administrative remedies


Court dismissed discrimination complaint for failure to allege discriminatory intent and for failure to exhaust administrative remedies
Burgis v New York City Department of Sanitation, USCA, Second Circuit, Docket #14-14-1640 cv

In this class action lawsuit the plaintiffs alleged that they suffered unlawful discrimination on the basis of race and/or national origin in the New York City Department of Sanitation’s promotional practices, relying on statistics that they claim demonstrate disparities in the composition of various supervisory positions within the department.

The federal district court dismissed the Equal Protection and §1981 claims filed by the plaintiffs “for failure to allege discriminatory intent”, and dismissed their Title VII claim  alleging disparate impact “for failure to exhaust administrative remedies.”

The Court of Appeals, Second Circuit, sustained the district court’s ruling, explaining that although statistics alone may be sufficient in some circumstances to show discriminatory intent in an Equal Protection or §1981 class claim, “the statistics here alleged in the complaint were insufficient for this purpose” and, further, the plaintiffs failed to exhaust their administrative remedies prior to filing the Title VII disparate impact claim.

As to the statistics presented by the plaintiffs, the Circuit Court said the plaintiff’s bare allegations do not present circumstances that “give rise to an inference of unlawful discrimination.” Without any specificity as to the qualifications considered for each position and without any reference to specific statements or individual circumstances that suggest discriminatory treatment, plaintiffs’ allegations do not support a finding that the Department of Sanitation acted with a discriminatory purpose.

Addressing the plaintiffs’ Title VII claim, the court said that discriminatory intent need not be alleged in a case based on so-called “disparate impact." In this instance, however, the plaintiffs’ Title VII claim must be dismissed for failure to exhaust administrative remedies.

To bring a claim under Title VII, explained the court, a plaintiff must first have filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) or a state equivalent - here, the New York State Division of Human Rights - as Courts may only hear claims “reasonably related” to allegations set forth in the administrative complaint.

Accordingly, said the court, the judgment of the United States District Court is affirmed.

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com