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Employer?s motion seeking summary judgment dismissing discrimination complaint must meet one or more tests

Employer?s motion seeking summary judgment dismissing discrimination complaint must meet one or more tests
Michno v New York Hosp. Med. Ctr. of Queens, 2010 NY Slip Op 01938, Decided on March 9, 2010, ate Division, Second Department

Glenda A. Michno sued seeking damages for alleged discrimination in employment on the basis of race and national origin in violation of Executive Law §296, New York State?s Civil Rights Law. Supreme Court granted the Medical Center?s motion for summary judgment and dismissed her petition.

The Appellate Division said that in order to establish entitlement to summary judgment in a case alleging discrimination, the "defendants 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."

In this instance the court found that the Medical Center had, in fact, ?established its entitlement to judgment as a matter of law by demonstrating that [Michno] was discharged for a legitimate nondiscriminatory reason consisting of her unexcused absence from work for more than three weeks for an alleged illness without proper medical documentation or application for a leave of absence, which was in violation of hospital policy and was a ground for dismissal.?

In addition, the Appellate Division found that Michno failed to raise a triable issue of fact as to whether the Medical Center?s explanation for her termination was false or unworthy of belief, or was a pretext for discrimination.

Full post as published by New York Public Personnel Law on March 15, 2010 (boomark / email).