Diaz v. New York City Transit Authority

98 F. App'x 58
Court of Appeals for the Second Circuit·Decided May 25, 2004·No. No. 03-9240·Published·Cited by 3 cases

Opinion

SUMMARY ORDER

AFTER SUBMISSION AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby VACATED and the case REMANDED.

Plaintiff-Appellant Emanuel Diaz appeals from the judgment of the United States District Court for the Southern District of New York (George Daniels, Judge), granting Defendant-Appellee New York City Transit Authority’s (“NYCTA”) motion for summary judgment. Diaz filed a complaint, pro se, on September 8, 1999, alleging that NYCTA did not hire him on the basis of his age and race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621, et seq. Diaz describes himself as a black Puerto Rican male, and he was 48 at the time he applied for a job at NYCTA. We assume familiarity with the underlying facts and the procedural history of this case.

“Because we are reviewing a dismissal of the complaint at the summary judgment stage, we view the facts in the light most favorable to plaintiff and resolve all factual disputes in plaintiff’s favor.” Mandell v. County of Suffolk, 316 F.3d 368, 374 (2d Cir.2003). To establish a prima facie case of age or race discrimination under the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), a plaintiff must show that he or she: “(1) is a member of a protected class; (2) was qualified for the position at issue; (3) was denied the position; and (4) that the circumstances of the adverse employment decision give rise to an inference of discrimination.” Mandell, 316 F.3d at 377. There is no dispute that Diaz meets the first three prongs. The fourth prong can be established by showing that the position was filled by someone outside the protected class, see James v. New York Racing Ass’n, 233 F.3d 149, 153-154 (2d Cir.2000); Taggart v. Time Inc., 924 F.2d 43, 46 (2d Cir.1991), and Diaz has established that NYCTA hired two younger, Caucasian men for the position he was seeking— Associate Engineering Technician (“AET”). ‘We have characterized the evidence necessary to satisfy this initial burden as ‘minimal’ and ‘de minimis. ’ ” Zimmermann v. Associates First Capital Corp., 251 F.3d 376, 381 (2d Cir.2001). Therefore, Diaz has established a prima facie case for both age and race discrimination.

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Diaz v. New York City Transit Authority, 98 F. App'x 58 (2d Cir. 2004).

98 F. App'x 58 (Diaz v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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