Black supervisor's bias and retaliation claims reinstated

A federal appeals court has reinstated disparate treatment and retaliation claims filed by a former New York City official who claims she was demoted then terminated for complaining about discrimination in a city agency.

Dawn F. Littlejohn, who is black, began working as director of the New York City Children’s Services’ Equal Employment Opportunity office in April 2009, according to Monday’s ruling by the 2nd U.S. Court of Appeals in Dawn F. Littlejohn v. city of New York et al.

She began having problems after she began reporting to Amy Baker, a white woman and chief of staff to the agency’s commissioner in December 2009, according to report.

Ms. Littlejohn complained Ms. Baker became noticeably impatient with her, removed her name from regularly scheduled management meetings and diminished her responsibilities, among other complaints.

After Ms. Littlejohn complained that white employees were being given preferential treatment in a merger with the city’s juvenile justice department, she was demoted and transferred to another office, where she received $2,000 less in annual pay, according to the ruling. She said she was replaced by a white woman who had no prior equal employment opportunity experience but received more pay.

Ms. Littlejohn filed a complaint with the Equal Employment Opportunity Commission in February 2012 and was terminated in September 2012.

She filed suit against the city and her former supervisors in February 2013, charging disparate treatment and retaliation, among other claims. The U.S. federal court in New York dismissed the case, but a three-judge appeals panel reinstated the two claims.

“Littlejohn’s factual allegations are more than sufficient to make plausible her claim that her demotion occurred under circumstances giving rise to an interference of discrimination,” said the ruling, in reinstating her disparate treatment claim.

“According to Littlejohn’s complaint, her demotion closely followed her protests of discrimination,” the court said also, in reinstating her retaliation claim.