#LitigationUpdate: Pompey v. County of Westchester — What Survived, What Didn’t
A narrow—but important—survival at summary judgment. Judge Kenneth M. Karas held that Chevory Pompey’s claims against the County of Westchester and two supervisors move forward only on (1) § 1981 and to the extent based on failure to promote) and (2) § 1981 and NYSHRL retaliation (limited to the Dec. 22, 2022 meeting cancellation). Title VII and constructive discharge were dismissed.
Why this matters: the court found a triable record that Plaintiff (a Black attorney) was passed over while others advanced, and that when he raised discrimination concerns in December 2022, a scheduled promotion “roadmap” meeting was abruptly canceled after management viewed his email as “threatening litigation.” That discrete cancellation is the protected activity/retaliation hook that remains.
Key facts the court credited for a jury to weigh:
Transfer & promotion track: The plaintiff sought an April 2022 transfer to Contracts/Real Estate (not a promotion), but the spot was awarded to a white candidate. He later applied in June 2022 for the position of Senior Assistant County Attorney (SACA). HR testimony suggests his materials may not have been forwarded—an issue in dispute.
Protected complaint: On Dec. 21, 2022, he emailed the County Attorney, noting that a just-announced batch of promotions in the Family Court Bureau consisted of “five (non-Jewish) White attorneys,” and asked to meet “to rectify this situation without litigation,” copying five colleagues.
Next day retaliation theory: On Dec. 22, 2022, his supervisor canceled the previously scheduled roadmap meeting, expressly citing his email that “allude[d] to litigation.” That cancellation—and the circumstances surrounding it—are what keep the retaliation claim alive.
About the legal posture: This is summary judgment, not a merits win. The court narrowed the case to a concise theory; the jury will decide whether the failure to promote and the cancellation of the December 22 meeting were motivated unlawfully .
One more note on § 1981: The § 1981 claims proceed for now, but expect further litigation on whether § 1983 is the exclusive vehicle for enforcing § 1981 rights against public entities/officials (see Jett/Duplan line). Defense counsel will likely preserve that issue for trial or post-trial motions. (That debate isn’t resolved by this order; the court simply found enough record to reach a jury on the surviving theories.)
Bottom line: Failure-to-promote and a targeted retaliation episode survive; everything else is out. Smart, surgical trial prep now decides this case.
Read the Decision here:
buff.ly/ZF1osUd
#EmploymentLaw #CivilRights #Section1981 #NYSHRL #SummaryJudgment #Retaliation #FailureToPromote #WestchesterCounty #WorkplaceEquity #TrialReady