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Home / Courts / Labor & Employment – Civil Rights – Race Discrimination Claim – Failure to Promote – Retaliation (access required)

Labor & Employment – Civil Rights – Race Discrimination Claim – Failure to Promote – Retaliation (access required)

Holmes v. J.C. Penney Corp. Even though defendant twice chose candidates of another race rather than promoting plaintiff, plaintiff does not allege the successful candidates’ qualifications and how his own qualifications compare, nor does he allege that his performance was criticized in ethnically degrading terms or that defendant made any invidious comments about plaintiff or others within his protected group. The complaint does not give rise to a plausible inference of unlawful racial discrimination.

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