May 29, 2008: Labor and Employment - Unfair negative evaluation against African-American professor constituted an adverse employment action.

 

An unfair negative evaluation issued by department chair against an African - American professor constituted an adverse employment action, as an element of the professor's prima facie case of discrimination under 1983, the New York Executive law, and the New York City Administrative Code. Although the professor had not specifically alleged that he was terminated or not reappointed due to the evaluation, a reasonable person could have inferred that the evaluation was made available to the committee responsible for such a decision, and that it played a role in the committee's ultimate decision. Moreover, the evaluation was made available to the school's president when considering the professor's appeal, as it had been hand-delivered to him. That, together with other evidence of racial and or ethnic bias on department chair's part, including, the dean's alleged comment that chair only wanted to hire white females for faculty positions, was sufficient to get the professor to a jury on his claim of race discrimination.