In a partial reversal of the trial court, a state appeals court is allowing to go forward a Nigerian man’s discrimination-over-national-origin claim leveled against the state Office of Temporary and Disability Assistance and a division deputy commissioner in the agency.
“Liberally construing the complaint, presuming its factual allegations to be true, and according it the benefit of every possible favorable inference … the complaint asserts that [defendant Cheryl] Contento[, a deputy commissioner at the state agency] was aware of a long chain of discrimination against plaintiff and condoned it,” wrote the Appellate Division, First Department court in a decision that turned back the agency’s and Contento’s motion to dismiss a particular national-origin discrimination claim lodged against them.
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October 14, 2021 at 09:34PM
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First Dept. Allows Nigerian Man to Proceed With National Origin Claim vs. State Disability Assistance Agency | New York Law Journal - Law.com
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