In Philip v. Gtech Corp., No. 14 CIV. 9261 (PAE), 2016 WL 3959729 (S.D.N.Y. July 20, 2016), the court held that there were “triable issues of fact which, if resolved in Philip’s favor, would enable a reasonable jury to find that race was more likely than not a motivating factor in his termination.”
For example, the court cited “evidence of discrepancies between the expectations conveyed in the PIP [Performance Improvement Plan tendered to plaintiff] and the faults identified in the Progress Update, and evidence that some expectations simply were never conveyed to [plaintiff]” from which “a reasonable juror could conclude that the explanations were a pretext for a prohibited reason.”