United States Second Circuit

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Burgis v. New York City Dep't of Sanitation, 14-1640

In a putative class action, plaintiffs allege discrimination on the basis of race and/or national origin in the New York City Department of Sanitation's promotional practices, the district court's dismissal of plaintiff's Equal Protection and section 1981 claims for failure to allege discriminatory intent, and dismissal of the Title VII disparate impact claim for failure to exhaust administrative remedies, is affirmed where: 1) the statistics here alleged in the complaint were insufficient for the purpose of showing discriminatory intent; and 2) plaintiffs failed to exhaust their administrative remedies prior to filing the Title VII disparate impact claim.

Appellate Information

  • Decided 07/31/2015
  • Published 07/31/2015


  • Rakoff


  • United States Second Circuit