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Employee charging employer did not appoint him because of age required to show that the employer?s reasons given for rejecting him were pretextual

Employee charging employer did not appoint him because of age required to show that the employer?s reasons given for rejecting him were pretextual
Saia v Suffolk County Community College, 2009 NY Slip Op 05851, Appellate Division, Second Department

The Appellate Division dismissed Robert Saia?s appeal in which he sought to recover damages for alleged discrimination in employment on the basis of age in violation of Executive Law §296, the State?s Human Rights Law.

State Supreme Court, Suffolk County, had granted Suffolk County Community College?s motion for summary dismissing Saia?s petition.

The court said that the College had its prima facie burden of establishing that its decision not to appoint the Saia as a full-time professor was based on legitimate, nondiscriminatory reasons, and not his age.

Further, said the court, Saia ?failed to raise a triable issue of fact as to whether the reasons proffered by the [College] were pretextual.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05851.htm

Full post as published by New York Public Personnel Law on August 20, 2009 (boomark / email).