2nd Circ. Affirms Dismissal Of DTCC Bias Case

Law360, New York (May 14, 2010, 6:50 PM EDT) -- A federal appeals court has ruled that the Depository Trust and Clearing Corp.'s failure to investigate an employee's bias complaint cannot be construed as retaliation for the filing of a discrimination claim.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit said Friday that the lower court was right to dismiss the employment discrimination claims made by plaintiff Cynthia Fincher.

“We are of the view ... that, at least in a run-of-the-mine case such as this one, an employer's failure to investigate...
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