Black Female NYC Transit Authority Director Loses Bias Appeal

A Black woman who was twice passed over for promotion by the New York City Transit Authority while in her late 50s and complained about it lacked triable evidence of discrimination or retaliation, the Second Circuit said Monday.

The ruling clarified the circuit’s standard for establishing a prime face case when it’s alleged that employer reprisals create a retaliatory hostile work environment.

Employees pursuing such claims only need to show that the retaliation was materially adverse in that it would have dissuaded a reasonable worker from reporting workplace discrimination, the US Court of Appeals for the Second Circuit said. There’s ...