Friday, February 24, 2017

Dismissal of an age-based discrimination claim.

The Appellate Division affirmed dismissal in this age-based employment discrimination action brought under the New York State and City Human Rights Laws. In moving for summary judgment, defendant submitted video footage, which it believed showed plaintiff and another employee surveying and intending to purloin a customer's computer equipment, as a legitimate, nondiscriminatory reason for terminating plaintiff.  In response to this showing, plaintiff failed to point to any evidence raising an issue of fact as to whether defendant's proffered reason was pretextual, or whether plaintiff's age otherwise played a part in its decision.

Practice point:   The absence of any evidence of age-based discriminatory animus is fatal to plaintiff's claim of hostile work environment.

Case:  Arifi v. Central Moving & Stor. Co., Inc., NY Slip Op 01268 (1st Dep't February 16, 2017)

Here is the decision.

Monday's issue:  An unsigned expert's report.