United States Second Circuit Court of Appeals Keeps Dentist's Discriminatory Retaliation Case Alive
The United States Court of Appeals for the Second Circuit (Connecticut, New York, Vermont) has issued a decision in El Chaar v. New York University College of Dentistry, holding that the dentist faculty member had made a sufficient case of discriminatory retaliation for not being appointed the interim chair of the periodontology department in the dental school, but that other employment discrimination and retaliation claims made by the dentist for not being appointed the permanent chair of the periodontology department and for a hostile work environment were either not established factually or were beyond the applicable statute of limitations. The Second Circuit Court of Appeals remanded the case back to the lower federal court to proceed on the interim chair discriminatory retaliation claim. The case is an interesting trip through the faculty appointment processes at the dental school, what constitutes proof of discriminatory conduct in the employment law context, and an illustration of what people should not say in such employment law scenarios. You can read the complete court opinion here: El Chaar v NYU College of Dentistry Court Opinion.