Tuesday, July 21, 2015

Summary judgment in an employment discrimination action.

Practice point:  The Appellate Division affirmed dismissal, finding that defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that plaintiff was transferred to another store for a legitimate, nondiscriminatory reason consisting of her problems with coworkers and leaving the store unattended. In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant's explanation for her transfer was false or unworthy of belief, or was a pretext for discrimination.

Student note:  To establish prima facie entitlement to judgment as a matter of law dismissing a cause of action alleging discrimination, a defendant must demonstrate either 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.

Case:  Nura v. International Shoppes, LLC, NY Slip Op 05920 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Summary judgment in an action to enforce a written guaranty.