Practice point: To prevail on a motion for summary judgment in a discriminatory
employment action, a defendant must demonstrate either the plaintiff's
failure to establish every element of intentional discrimination, or,
having offered legitimate, nondiscriminatory reasons for their
challenged actions, the absence of a material issue of fact as to
whether their explanations were pretextual.
Student note: A plaintiff alleging discrimination in employment has the initial burden to establish a prima facie case of discrimination. To meet this burden, the plaintiff must show that (1) he or she
is a member of a protected class; (2) he or she was qualified to hold
the position; (3) he or she was terminated from employment or suffered
another adverse employment action; and (4) the discharge or other
adverse action occurred under circumstances giving rise to an inference
of discrimination.
The burden then shifts to the
employer to rebut the presumption of discrimination by clearly setting
forth, through the introduction of admissible evidence, legitimate,
independent, and nondiscriminatory reasons to support its employment
decision. To succeed on
the claim, the plaintiff must prove that the legitimate reasons
proffered by the defendant were merely a pretext for discrimination by
demonstrating both that the stated reasons were false and that
discrimination was the real reason.
Case: Cotterell v. State of New York, NY Slip Op 04601 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Denial of a motion for a default judgment.
