Judge Sandra Feuerstein
Anand's 2011 amended complaint added codefendants—individually and officially—to his 2010 suit charging New York's tax agency with employment discrimination. The court adopted a magistrate's recommendation that Anand's 2012 second amended complaint (SAC) be dismissed except for a 42 USC §1983 age bias claim against codefendants Macchio, Varghese and Gillooly. Despite Anand's conclusory claims that his national origin was a motivating factor in adverse actions against him, and that a hostile work environment existed, no factual allegations in the SAC gave rise to an inference of discrimination or a hostile work environment on grounds covered by Title VII. However, with respect to the age bias claims against Macchio, Vargehese and Gillooly—grounded on Anand's alleged denial of a promotion in 2009 due to his age—the court rejected defendants' claim that the promotion of two younger, less qualified individuals could not give rise to an inference of discriminatory intent because Anand was 75 years old and almost all other agency employees eligible for promotion were younger than him. The fact that a position was given to someone younger and less qualified may give rise to a prima facie inference of discrimination.