Practice point: Plaintiff's claims of disability-based employment discrimination were dismissed for failure to point to
evidence raising an inference of discriminatory animus. Remarks by hospital to the effect that she had "brought her situation upon herself" and that she should "take her assets elsewhere" were not of
themselves derogatory or indicative of discriminatory animus. Neither does plaintiff's testimony that unidentified persons
laughed at her behind her back raise an issue of
fact as to such animus.
Student note: Stray remarks in the worplace, even if made by a
decision maker, do not, in and of themselves, constitute evidence of
discrimination.
Case: Serdans v. New York & Presbyt. Hosp., NY Slip Op 08133 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: A claim of false arrest and malicious prosecution.
