In Hoffman v St. Bonaventure University, No. 24-00445, 866.1, 2025 N.Y. Slip Op. 00763, 2025 WL 427098 (N.Y.A.D. 4 Dept., Feb. 07, 2025), the New York Appellate Division, Fourth Department, reversed a lower court decision denying defendant’s motion for summary judgment dismissing plaintiff’s amended complaint alleging discriminatory failure to hire.
From the decision:
Defendant submitted evidence that a committee consisting of 10 members interviewed plaintiff and another candidate, and assessed the 2 candidates based on a series of questions. The other candidate scored objectively higher than plaintiff, received more positive comments, and had more relevant experience. Defendant, therefore, rebutted plaintiff’s prima facie case of discrimination by establishing that it had “ ‘legitimate, independent, and nondiscriminatory reasons to support its employment decision’ ” (Ferrante v American Lung Assn., 90 NY2d 623, 629 [1997]; see Spinello v Depository Trust & Clearing Corp., 147 AD3d 572, 572 [1st Dept 2017]; Layaou v Xerox Corp., 298 AD2d 921, 922 [4th Dept 2002]), thus shifting the burden to plaintiff to raise an issue of fact whether “the legitimate reasons proffered by defendant were merely a pretext for discrimination” (Ferrante, 90 NY2d at 629-630).
The court further concluded that plaintiff failed to raise a triable issue of fact concerning either the falsity of defendant’s proffered basis for the employment decision, or that discrimination was more likely the real reason.