Duplan v. City of New York, No. 17-1359 (2d Cir. 2018)Annotate this Case
Plaintiff challenged the district court's dismissal of claims alleging that his employer, the City, retaliated against him after he filed a discrimination complaint, in violation of 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. The Second Circuit held that 42 U.S.C. 1983 provided the sole cause of action against state actors alleged to have violated section 1981. The court construed defendant's claims as section 1983 claims and held that he failed to allege a policy or custom of misconduct, as was necessary to assert liability against a municipality. The court also held that defendant could not avoid Title VII's exhaustion requirement by asserting retaliation for filing a claim of discrimination that he failed to pursue. However, in regard to claims that plaintiff properly exhausted, he has adequately alleged retaliation following both of his EEOC complaints. Therefore, the court vacated the dismissal of those claims. The court affirmed in all other respects.