Brooklyn, NY – A federal judge has allowed a former store manager’s retaliation claims against Mavis Discount Tire to move forward while dismissing his other discrimination allegations.
Court trims down complaint
Plaintiff Timothy Kittle, who worked briefly as a manager at Mavis’ Hicksville location, alleged race-based disparate treatment, hostile work environment, and retaliation under Title VII and New York State Human Rights Law. He also sued Greg Brown individually under the state statute.
In a ruling this week, U.S. District Judge Nusrat J. Choudhury dismissed without prejudice Kittle’s disparate treatment and hostile work environment claims against Mavis, as well as all aiding-and-abetting claims against Brown. The court granted Kittle leave to amend and refile those claims with additional factual support.
Retaliation claims survive
The judge denied dismissal of Kittle’s retaliation claims, finding his allegations sufficient to plausibly show he may have faced adverse action after engaging in protected activity. Those claims will proceed to discovery.
Background of the case
Kittle, a white male, began with Mavis in 2020 as a Manager in Training and was later promoted to Store Manager. He alleged that within weeks of his transfer to Hicksville in January 2021, he turned the struggling location into a top performer but was subjected to racially charged remarks and unfair treatment. He claims Mavis retaliated against him after he raised complaints.
Key Points
- Judge dismissed Kittle’s disparate treatment and hostile work environment claims but allowed him to amend.
- All aiding-and-abetting claims against Greg Brown were dismissed.
- Retaliation claims under Title VII and NYSHRL remain active.
The case will now move forward on the narrow issue of whether Mavis retaliated against its short-tenured store manager.
