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#LitigationUpdate: Pompey v. County of Westchester — What Survived, What Didn’t
A narrow—but important—survival at summary judgment. Judge Kenneth M. Karas held that Chevory Pompey’s claims against the County of Westchester and two supervisors move forward only on (1) § 1981 and NYSHRL discrimination (to the extent based on failure to promote) and (2) § 1981 and NYSHRL retaliation (limited to the Dec. 22, 2022 meeting cancellation). Title VII and constructive discharge were dismissed.
Why this matters: the court found a triable record that Plaintiff (a Black attorney) was passed over while others advanced, and that when he raised discrimination concerns in December 2022, a scheduled promotion “roadmap” meeting was abruptly canceled after management viewed his email as “threatening litigation.” That discrete cancellation is the protected activity/retaliation hook that remains.
Key facts the court credited for a jury to weigh:
Transfer & promotion track: The plaintiff sought an April 2022 transfer to Contracts/Real Estate (not a promotion), but the spot was awarded to a white candidate. He later applied in June 2022 for the position of Senior Assistant County Attorney (SACA). HR testimony suggests his materials may not have been forwarded—an issue in dispute.
Protected complaint: On Dec. 21, 2022, he emailed the County Attorney, noting that a just-announced batch of promotions in the Family Court Bureau consisted of “five (non-Jewish) White attorneys,” and asked to meet “to rectify this situation without litigation,” copying five colleagues.
Next day retaliation theory: On Dec. 22, 2022, his supervisor canceled the previously scheduled roadmap meeting, expressly citing his email that “allude[d] to litigation.” That cancellation—and the circumstances surrounding it—are what keep the retaliation claim alive.
About the legal posture: This is summary judgment, not a merits win. The court narrowed the case to a concise theory; the jury will decide whether the failure to promote and the cancellation of the December 22 meeting were motivated unlawfully .
One more note on § 1981: The § 1981 claims proceed for now, but expect further litigation on whether § 1983 is the exclusive vehicle for enforcing § 1981 rights against public entities/officials (see Jett/Duplan line). Defense counsel will likely preserve that issue for trial or post-trial motions. (That debate isn’t resolved by this order; the court simply found enough record to reach a jury on the surviving theories.)
Bottom line: Failure-to-promote and a targeted retaliation episode survive; everything else is out. Smart, surgical trial prep now decides this case.
Read the Decision here: https://t.co/tOJUYlcOJq
#EmploymentLaw #CivilRights #Section1981 #NYSHRL #SummaryJudgment #Retaliation #FailureToPromote #WestchesterCounty #WorkplaceEquity #TrialReady
![esq_sanders's tweet photo. #LitigationUpdate: Pompey v. County of Westchester — What Survived, What Didn’t
A narrow—but important—survival at summary judgment. Judge Kenneth M. Karas held that Chevory Pompey’s claims against the County of Westchester and two supervisors move forward only on (1) § 1981 and NYSHRL discrimination (to the extent based on failure to promote) and (2) § 1981 and NYSHRL retaliation (limited to the Dec. 22, 2022 meeting cancellation). Title VII and constructive discharge were dismissed.
Why this matters: the court found a triable record that Plaintiff (a Black attorney) was passed over while others advanced, and that when he raised discrimination concerns in December 2022, a scheduled promotion “roadmap” meeting was abruptly canceled after management viewed his email as “threatening litigation.” That discrete cancellation is the protected activity/retaliation hook that remains.
Key facts the court credited for a jury to weigh:
Transfer & promotion track: The plaintiff sought an April 2022 transfer to Contracts/Real Estate (not a promotion), but the spot was awarded to a white candidate. He later applied in June 2022 for the position of Senior Assistant County Attorney (SACA). HR testimony suggests his materials may not have been forwarded—an issue in dispute.
Protected complaint: On Dec. 21, 2022, he emailed the County Attorney, noting that a just-announced batch of promotions in the Family Court Bureau consisted of “five (non-Jewish) White attorneys,” and asked to meet “to rectify this situation without litigation,” copying five colleagues.
Next day retaliation theory: On Dec. 22, 2022, his supervisor canceled the previously scheduled roadmap meeting, expressly citing his email that “allude[d] to litigation.” That cancellation—and the circumstances surrounding it—are what keep the retaliation claim alive.
About the legal posture: This is summary judgment, not a merits win. The court narrowed the case to a concise theory; the jury will decide whether the failure to promote and the cancellation of the December 22 meeting were motivated unlawfully .
One more note on § 1981: The § 1981 claims proceed for now, but expect further litigation on whether § 1983 is the exclusive vehicle for enforcing § 1981 rights against public entities/officials (see Jett/Duplan line). Defense counsel will likely preserve that issue for trial or post-trial motions. (That debate isn’t resolved by this order; the court simply found enough record to reach a jury on the surviving theories.)
Bottom line: Failure-to-promote and a targeted retaliation episode survive; everything else is out. Smart, surgical trial prep now decides this case.
Read the Decision here: https://t.co/tOJUYlcOJq
#EmploymentLaw #CivilRights #Section1981 #NYSHRL #SummaryJudgment #Retaliation #FailureToPromote #WestchesterCounty #WorkplaceEquity #TrialReady](https://pbs.twimg.com/media/G17-cOsWoAAVjwn.jpg)
RHTLF #LitigationUpdate on negotiations
“We are making good progress at the negotiation table and are pleased to be working together in the spirit of reconciliation, respect, cooperation and partnership towards a solution,” Dean Sayers, Chief of Batchewana First Nation (1/2)
#ICYMI #LitigationUpdate
In the spirit of reconciliation, Canada, Ontario and the 21 Robinson Huron Treaty First Nations will continue to work together at the negotiation table to try to reach a negotiated outcome outside of the courts. (1/2)
#LitigationUpdate
The Writ Petition challenging the operation & execution of three #surveillance projects namely #CMS, #NETRA & #NATGRID is listed today for hearing. The petition has been filed by #CPIL & @SFLCin.
https://t.co/hk9cfaQLKU
#privacy
#LitigationUpdate
Praveen A Vs. Union of India & Another was listed on 23 March, 2022. One of the grounds of the Petition is that it violates Right to Encryption of citizens as a subset of Right to Privacy protected under Art. 21 of the Constitution.
https://t.co/qtpB8HJIBE
#foss
#LitigationUpdate
The Writ Petition challenging the operation & execution of three #surveillance projects namely #CMS, #NETRA & #NATGRID today. The petition has been filed by #CPIL & @SFLCin.
Stay tuned as we bring you updates from the hearing.
https://t.co/hk9cfaQLKU
#privacy
#ITRules
The rules are not only ambiguous but also seek to undermine end to end encryption which is a subset of the fundamental right to privacy.
https://t.co/jcPBBizs0d
#LitigationUpdate #PrivacyMatters #foss #cybersecurity
#LitigationUpdate
The Supreme Court is likely to set up a technical committee to probe the allegations of snooping of journalists, activists etc., using the Pegasus spyware.
https://t.co/N6WtDDZBza
#PegasusSnoopgate #NSO #privacy #supremecourtofindia
#LitigationUpdate
The #Madras High Court has stayed the application of sub-rules (1) and (3) of Rule 9 of the recently notified Information Technology Rules, 2021.
https://t.co/V5BjDPRFrJ
#ITrules2021
#LitigationUpdate
@SFLCin's Writ Petition seeking reliefs to safeguard the rights of the citizens in relation to the #Pegasus spyware controversy has been listed today along with other petitions in the Supreme Court.
#PegasusSnooping #nso #Pegasus
https://t.co/Hns127RIKM
#LitigationUpdate
@SFLCin's Writ Petition seeking certain reliefs to safeguard the rights of the citizens in relation to the #Pegasus spyware controversy has been listed today along with other petitions seeking court-monitored investigation into #PegasusSnooping allegations.
#LitigationUpdate
On 11.06.2021, Lawyers from @SFLCin had sent a legal notice to @IndianCERT on behalf of Y. Kiran Chandra, General Secretary, @fsmi_in, regarding investigation of @airindiain, @MobiKwik, @bigbasket_com & @dominos' data breaches.
#databreach #privacy
#LitigationUpdate
The 9th Circuit Court of Appeals issued a disappointing decision today in Doe v. Trump, a civil rights coalition lawsuit challenging the Trump order that sought to ban immigrants by demanding they buy overpriced, subpar health insurance or pay out of pocket.
The latest on time limits for claims and group proceedings, followed by options to fund court actions. Essential stuff for litigators!
Sign up here 👉🏾 https://t.co/2GTr2I4Gyq
#litigationupdate #scottishcourts #prescription #litigationfunding #insurance
Brucie bonus webinar on 7th Oct! First up @clarkcarolineme @bellwethergreen on litigation update then joined by Tom Saunders of @Aon_plc to discuss litigation funding/solicitors duties
booking: https://t.co/wRIMb4pk1A
#scottishcourts #litigationfunding #insurance #prescription
Our latest #LitigationUpdate is out now. Read our practical guide to applications for relief from sanctions for anyone involved in #litigation https://t.co/crqoHsNBgw Register for our free update here https://t.co/9d34LIhRKj
Latest #LitigationUpdate (thanks to all those who have donated, inquired) Attached is the Motion I filed on May 18th, for the Court to (hopefully) award adequate temporary child support https://t.co/z8johH1eg6
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