By: Daily Record Staff Reports//May 7, 2015
By: Daily Record Staff Reports//May 7, 2015//
U.S. District Court, WDNY – Discrimination – Plaintiff’s Subjective Beliefs – Frivolous
Lotocky v. Elmira City School District
Background: The plaintiff commenced an action against his employer asserting claims of national origin-based discrimination and retaliation. The defendant argues that the plaintiff’s claims are frivolous. The plaintiff cross-moved, arguing that the defendant’s motion is frivolous.
Ruling: The District Court denied both motions. The court noted that the defendant’s argument is that the plaintiff does not actually believe what he is alleging based upon a statement made at the plaintiff’s deposition wherein he states that he did not know or did not believe that bias was at play with regard to the promotions he did not receive. The District Court held that the plaintiff’s subjective beliefs are not requirements of disparate treatment.
Amy L. DiFranco and Glen E. Pezzulo of Culley, Marks, Tanenbaum & Pezzulo for the plaintiff; Charles C. Spagnoli and Frank W. Miller of the Law Firm of Frank W. Miller for the defendant