In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious discrimination claims.
As to plaintiff’s gender discrimination claim, the court explained:
Even assuming arguendo that Meyer made a prima facie case of gender discrimination,
we may affirm because Defendants-Appellees offered legitimate, nondiscriminatory reasons for
not re-hiring Meyer and Meyer did not provide sufficient evidence to demonstrate that
Defendants-Appellees’ actions were pretextual. … Defendants-Appellees offered sufficient proof that Creedmoor filled the two open positions with candidates that were more qualified than Meyer. Also, Meyer’s prior performance at Creedmoor—which included complaints that she “was extremely disorganized[,] … could not keep track of appointments with patients,” and filed untimely paperwork—provided Defendants-Appellees with a second legitimate, non-discriminatory reason not to rehire her. … Meyer failed to show that these legitimate, nondiscriminatory reasons underlying Defendants-Appellees’ decision not to re-hire her were mere pretext.
As to her religious discrimination claim, the court held that the lower court “properly rejected Meyer’s attempt to prove a claim of disparate treatment where she failed to identify comparators outside her protected class who were similarly situated in all material respects to Meyer, but treated more favorably.” The mere “reference in passing” during plaintiff’s interview about plaintiff coming from a Jewish family was insufficient, absent further “specifics,” to satisfy plaintiff’s burden on her religious discrimination claim.