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Decisions of Interest
An employee may defeat a motion for summary judgment by raising a triable issue of fact relating to either the falsity of the employer's explanation for a challenged action or the employer's discriminatory motive. Morse v. Wyoming Co. Comm. Hosp. and Nursing Facility, 2003 WL 2008825 (4th Dept. 5/2/03) (Wisner, J.P., Scudder, Kehoe, Gorski and Lawton, JJ.).
Discrimination cases decided under the State Human Rights Law (SHRL) are governed by the same standards that govern cases brought under Title VII. Therefore, the Appellate Division held, the United States Supreme Court's rejection of the 'pretext-plus' rule in claims brought pursuant to Title VII rendered the 'pretext-plus' rule inapplicable to discrimination cases brought pursuant to the SHRL. The Appellate Division reversed the lower court, which improperly placed the burden on the employee of proving not only pretext, but also discrimination.
For Plaintiff-Appellant, Offerman, Cassano, Greco & Slisz, LLP, by Kevin P. Wicka, Buffalo.
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