U.S.DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
Prima Facie Case – Prior Promotions
Lotocky v. Elmira City School District
Background: The plaintiff commenced an action alleging employment discrimination on the basis of national origin. The plaintiff, a custodial worker, alleged that he was entitled to a promotion and he was denied on the basis of his nationality. The district court moved for summary judgment dismissing the complaint.
Ruling: The District Court granted the motion and dismissed the complaint. The court held that the plaintiff did not make out a prima facie case that he was denied a promotion on discriminatory grounds. The difference between the plaintiff and the employee who ultimately received the promotion were negligible. Further, there was a history of promotions the plaintiff actually received.
Amy L. DiFranco and Glenn 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