You are here: / / PLAINTIFF ALLEGED SHE WAS FIRED AFTER REJECTING THE SEXUAL ADVANCES OF...
, ,

PLAINTIFF ALLEGED SHE WAS FIRED AFTER REJECTING THE SEXUAL ADVANCES OF HER MANAGER IN THIS HUMAN RIGHTS LAW EMPLOYMENT DISCRIMINATION ACTION; PLAINTIFF WAS ENTITLED TO DISCLOSURE OF THE RECORDS OF OTHER EMPLOYEES WHO ENGAGED IN THE CONDUCT FOR WHICH PLAINTIFF WAS OSTENSIBLY FIRED (TARDINESS) (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff in this New York State and New York City Human Rights Law action (alleging plaintiff was terminated after rejecting the sexual advances of her manager) was entitled to the records of other employees who engaged in the conduct for which plaintiff was ostensibly fired (tardiness):

“A plaintiff can establish a prima facie case of discrimination in employment by showing that ‘(1) [he or] she is a member of a protected class; (2) [he or] she was qualified to hold the position; (3) [he or] she was terminated from employment . . .; and (4) the discharge . . . occurred under circumstances giving rise to an inference of discrimination'” … . “‘A showing of disparate treatment—that is, a showing that the employer treated plaintiff less favorably than a similarly situated employee outside [of] his protected group—is a recognized method of raising an inference of discrimination for purposes of making out a prima facie case'” … . “Whether two employees are similarly situated ordinarily presents a question of fact for the jury” … . When plaintiffs seek to draw inferences of discrimination by showing that they were similarly situated in all material respects to the individuals to whom they compare themselves, their circumstances need not be identical, but there should be a reasonably close resemblance of facts and circumstances” … . The key is that they be “similar in significant respects” … . …

Since the plaintiff alleges disparate treatment and seeks to raise an inference of discrimination, she is entitled to discovery of documents regarding other employees who engaged in conduct similar to that for which she was terminated, as such documents may indicate that some or all of those employees were not terminated and may have been disciplined less severely or not at all … . Diaz v Minhas Constr. Corp., LLC, 2020 NY Slip Op 06496, Second Dept 11-12-20

 

You might also like
HEARSAY DID NOT PROVE BANK HAD STANDING IN THIS FORECLOSURE ACTION (SECOND DEPT).
COUNTY COURT SHOULD NOT HAVE THREATENED DEFENDANT WITH THE MAXIMUM SENTENCE SHOULD SHE GO TO TRIAL, PLEA VACATED, APPELLATE COUNSEL INEFFECTIVE FOR FAILING TO RAISE ISSUE ON APPEAL, APPLICATION FOR WRIT OF CORAM NOBIS GRANTED (SECOND DEPT).
PLAINTIFF SLIPPED AND FELL ON SNOW FIVE HOURS AFTER THE “EXTRAORDINARY SNOWSTORM” HAD ENDED; THE STORM-IN-PROGRESS RULE APPLIED AND DEFENDANT TRANSIT AUTHORITY WAS ENTITLED TO SUMMARY JUDGMENT (SECOND DEPT).
REPAIRING A LIGHT FIXTURE IS COVERED UNDER BOTH LABOR LAW 240 (1) AND 241 (6), DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
Resentencing Required—Sentencing Court Unaware It Had Discretion Re: Length of the Postrelease Supervision Period
PLAINTIFF, AFTER A SUBSTANTIAL VERDICT IN A TRAFFIC ACCIDENT CASE, WAS ASSIGNED DEFENDANT’S RIGHT TO SUE DEFENDANT’S INSURER ALLEGING A BAD FAITH FAILURE TO SETTLE, THE INSURER’S MOTION TO DISMISS WAS PROPERLY DENIED (SECOND DEPT).
HERE THE TRIAL TESTIMONY ABOUT THE IDENTIFICATION OF THE DEFENDANT’S VOICE WAS MUCH LESS DEFINITIVE AND UNEQUIVOCAL THAN THE TESTIMONY AT THE SUPPRESSION HEARING, RAISING A QUESTION WHETHER THERE WAS PROBABLE CAUSE FOR DEFENDANT’S ARREST; DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO MOVE TO REOPEN THE SUPPRESSION HEARING; MATTER REMITTED FOR A REOPENED HEARING (SECOND DEPT).
Expert’s Affidavit Should Have Been Considered in Summary Judgment Motion Even though Expert Had Not Been Disclosed​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF HOME IMPROVEMENT CONTRACTOR DID NOT ALLEGE HE WAS LICENSED IN ROCKLAND... ALLEGED CONTRACTS FOR THE SALE OF REAL PROPERTY DID NOT SATISFY THE STATUTE...