Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cain v. N. Country Cmty. College

Adjunct Professor's Race Discrimination, Hostile Job Site, Retaliation Claims Dismissed

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiff Precious Cain commenced this action against defendant North Country Community College (NCCC), Victoria Barber, and Tara Smith, pursuant to Title VI,1 42 U.S.C. §§1981 and 1983, and New York State law. (Compl., Dkt. No. 1.) Pending are defendants’ motions to dismiss. (Dkt. Nos. 12, 15.) For the following reasons, the motions are granted. II. Background A. Facts2 Cain, an African American female, was employed by NCCC as an adjunct professor in August 2018. (Compl.

1, 15.) As an adjunct professor, she worked in several prisons as part of a “Second Chance Pell Program,” which allows eligible inmates to earn a two-year degree. (Id. 16.) In January 2019, Cain “applied for a full-time position as a business instructor” for NCCC, which “would have been a promotion for [her].” (Id. 20.) Her supervisor in the business department encouraged her to do so. (Id.) “Despite having superior qualifications for the position, [Cain] was not even granted an interview; was consistently misled about the status of the selection process; and, ultimately in May 2019 [she] was passed over by two white males who obtained the position of business instructor despite having inferior qualifications.” (Id. 21.) Cain “was not happy” about this decision and was “especially disturbed by the fact that the selection committee did not even bother to interview her for the position for which she was qualified.” (Id. 22.) In June 2019, Cain “was wrongfully accused of theft and sabotaging a co-worker’s desk.” (Id. 23.) “Because of the workplace stress, [Cain] had developed a hand tremor.” (Id. 24.) One morning, while Cain was entering the Franklin Correctional Facility, an employee of the prison noticed her hand tremor, and called Barber, Deputy Superintendent for Programs at Franklin Correctional Facility, and “informed her that [Cain] was acting nervous and suspicious.” (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements