The following excerpt is from Tanvir v. New York City Health & Hospitals Corp., 11-143-cv (2nd Cir. 2012):
To establish a prima facie case of disparate treatment with respect to a failure-to-promote claim under Title VII, a plaintiff must show that: "(1) [he] is a member of a protected class; (2) [he] applied and was qualified for a job for which the employer was seeking applicants; (3) [he] was rejected for the position; and (4) the position remained open and the employer continued to seek applicants having the plaintiff's qualifications." Estate of Hamilton v. City of New York, 627 F.3d 50, 55 (2d Cir. 2010) (quotation marks omitted). To establish a prima facie claim of retaliation under Title VII, a plaintiff must show that: (1) he engaged
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