Practice Point: The Appellate Division found that plaintiff stated the cause of action where he alleges that he was passed over for promotion because of his accent. The Appellate Division noted that plaintiff's accent is inextricably bound to his national origin. In addition, plaintiff alleges that defendants subjected him to excessive scrutiny as a result of his persistent applications for promotion, and that this led directly to his suspension and termination.
Case: St. Jean Jeudy v. City of New York, NY Slip Op 06045 (1st Dep't September 15, 2016)
Here is the decision.
Tomorrow's issue: Denial of defendant's summary judgment motion.