Partner Claudia A. Costa was recently successful in obtaining dismissal of claims filed against her client for retaliation and failure to promote.
The plaintiff filed claims alleging violations of the New Jersey Law Against Discrimination against his supervisor and workplace, a well-established hospital in New Jersey. The plaintiff alleged that he was not granted a promotion because of his Muslim faith and because of his national origin, Egyptian. The plaintiff alleged that despite his history with the hospital and work performance, he was passed over for a promotion because of his religion and national origin.
Ms. Costa filed a motion for summary judgment arguing that while the plaintiff complained about alleged discriminatory conduct, he suffered no adverse employment action. The Court agreed and found that the record did not reveal that the plaintiff had suffered any adverse employment action such as termination, loss of pay, authority, or status after he complained. Accordingly, the Court awarded summary judgment and dismissed the claims of retaliation against the hospital and the plaintiff’s supervisor.
The Court also granted summary judgment as to the claims of failure to promote because of religion and national origin. The defendants argued that these claims were barred by the applicable statute of limitations—two years. The plaintiff alleged that he was not promoted on three specific occasions. Each occasion occurred beyond the two-year statute of limitations. The Court agreed and found that each incident of alleged failure to promote was one distinct incident and each occurred beyond the two-year statute of limitations. The Court thus also granted summary judgment on the plaintiff’s failure to promote claim asserted against the hospital and the plaintiff’s supervisor.