Abimola v. Metropolitan Transportation Authority


New York Law Journal


Justice Anil Singh

In this action for damages, Abimola alleged he was subjected to a hostile workplace and retaliatory discharge from his employment on the "MTA East Side Access Project" due to racial bias. Defendant employers moved for dismissal, claiming the complaint failed to state a cause of action. The court disagreed, finding while the pleadings revealed factual allegations that were "sparse and inartfully pled," the complaint adequately stated causes of action for hostile work environment and retaliation. The court further found Abimola's allegations described a pattern of being subjected to racial slurs, and his attempts to complain about apparent race-based discrimination were to no avail. It also found Abimola's termination, then being rehired after lodging complaints for being fired due to his complaints, and subsequently being mistreated by supervisors and employees because of his race stated a cause of action for hostile workplace and retaliation. The court ruled Abimola's pleadings included allegations against each co-defendant based on each entity's control over work assignments and transfer requests, as well as the power to terminate his employment. Therefore, the motion by defendant JCMS Inc. to dismiss the complaint against it was denied.

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