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PLAINTIFF’S EMPLOYMENT DISCRIMINATION ACTION SHOULD NOT HAVE BEEN DISMISSED (FIRST DEPT).

The First Department, reversing Supreme Court, determined there were triable issues of fact in this employment discrimination case:

Plaintiff, an African American female, raises triable issues of fact whether her October 2017 termination (adverse employment action) was in retaliation for her verbal complaints (protected activity) concerning racist comments defendant Annie Liu allegedly uttered at work … . A question of fact exists as to whether plaintiff complained in July or August 2017. If plaintiff’s testimony is credited, the time frame between the discriminatory comments, plaintiff’s complaints, and her firing is evidence of a causal connection between the protected activity and her termination two months later … . Contrary to defendants’ argument, it is unclear from the record whether an intervening event occurred to dispel an inference of a causal relationship. Moreover, issues of fact also exist as to whether defendants’ proffered explanation for terminating plaintiff’s employment was pretextual … . Cancel v Global Fertility & Genetics, Inc., 2022 NY Slip Op 00811, First Dept 2-8-22

 

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