Altidor v. Medical Knowledge Group LLC

Summary

The Appellate Division, First Department reversed an order dismissing Kenrick Altidor's claims of discriminatory termination and non-promotion under the New York State Human Rights Law and New York City Human Rights Law. The court held that allegations concerning disparate treatment compared with similarly situated white coworkers and an unadvertised promotion were sufficient to state claims at the pleading stage.

Holdings

1. Plaintiff's allegation that he, an African American employee, was terminated after making one mistake while similarly situated white coworkers who made similar mistakes were not disciplined or terminated was sufficient at the pleading stage to state claims for discriminatory termination under the State and City Human Rights Laws.
2. Plaintiff sufficiently pleaded discriminatory non-promotion by alleging that a coworker was promoted to a position plaintiff was already performing and that the position was not posted before being filled; a plaintiff need not allege that he applied for the promotion when the circumstances show that promotions were made unannounced and unsolicited or that the employer failed to advertise the position.

Questions Presented

1. Whether plaintiff's allegations were sufficient at the pleading stage to state a claim for discriminatory termination under the New York State Human Rights Law and New York City Human Rights Law.
2. Whether plaintiff's allegations were sufficient at the pleading stage to state a claim for discriminatory non-promotion under the New York State Human Rights Law and New York City Human Rights Law.

Disposition

reversed