United States Second Circuit

In a civil rights employment action by a teacher bringing discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., and 42 U.S.C. section 1983 against a school district, alleging defendants discriminated against him because of his "Hispanic ethnicity" and that they retaliated against him after he complained of discrimination, the district court's grant of defendants' motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) is reversed where: 1) certain of plaintiff's claims were not time-barred, as the district court had concluded; 2) retaliation claims are actionable under section 1983; 3) a Title VII plaintiff need to plead a prima facie case of discrimination to survive a motion to dismiss; and 4) plaintiff has sufficiently pleaded discrimination and retaliation claims.

Appellate Information

• Decided 09/02/2015
• Published 09/02/2015

Judges

• CHIN

Court

• United States Second Circuit

Counsel