A plaintiff can establish a prima facie case of discrimination by showing that: (1) he is a member of a protected class; (2) he was qualified to hold the position; (3) he was terminated from employment; and (4) the discharge occurred under circumstances giving rise to an inference of discrimination. In moving for summary judgment, a defendant need only establish, prima facie, the absence of any of these elements. Regarding the fourth element, the defendant can demonstrate that the termination did not occur under circumstances giving rise to an inference of discrimination by providing a legitimate, nondiscriminatory reason for the termination, and demonstrating the absence of a material issue of fact as to whether its reason for termination was merely pretextual.
Averbeck v. Culinary Inst. of Am., NY Slip Op 01139 (2d Dep't February 19, 2020)
Here is the decision.
