His claim he was replaced by a white man was inaccurate, and even if this were true it would be insufficient on its own to establish a prima facie case.
Affirming a district court’s grant of summary judgment against the discrimination, retaliation, and hostile work environment claims asserted by a former Bank of New York employee, the Third Circuit determined that there was no evidence racial animus played any role in the employer’s decision to eliminate the employee’s position. The appellate court disagreed with the district court that the employee had made out a prima facie case of race discrimination, explaining that even if the employee’s assertion that he was replaced by a white man were true, being replaced by someone outside of one’s protected class is not enough on its own to raise an inference of discriminatory animus (Lynn v. The Bank of New York Mellon, No. 25-1664 (3d Cir. July 6, 2026)).
The employee in this case is a Black man who worked for the Bank of New York from April 2019 through September 2021. Between August 2019 and April 2021, he served as portfolio manager in the Asset Servicing Technology Division (AST).
BLM. In August 2020, following Black Lives Matter protests, the employee’s supervisor was tasked with arranging “courageous conversations” within AST. According to the employee, the supervisor told him he did not “believe in Black Lives Matter [or] in the concept of white privilege.” He said he was a “capitalist, and a banker” who “does not...
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