Inconsistent Explanations for Termination

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In Wilkinson v. Pinnacle Lodging, LLC et al, No. 22-30556, 2023 WL 6518142 (5th Cir. Oct. 5, 2023), the court, inter alia, reversed the district court’s grant of summary judgment to the defendant employer on plaintiff’s claim of wrongful termination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Citing Inconsistent Reasons for Termination, Fifth Circuit Reverses Summary Judgment for Employer in Wrongful Termination Case
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In Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…

Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary Judgment
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In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim
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One of the ways to establish “pretext” in the employment discrimination/retaliation analysis is to point to “inconsistent employer explanations” for the employee’s termination. That is what happened in Encarnacion v. Isabella Geriatric Center, decided by the Southern District of New York on December 12, 2014. There, plaintiff, a nurse, alleged (among other things) that she…

Read More Court Denies Defendants’ Motion for Summary Judgment on Plaintiff’s Retaliation Claims, Citing Inconsistent and Contradictory Explanations for Termination
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In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims
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In Sacks v. Gandhi Engineering, the Southern District of New York adopted a Report and Recommendation that defendant’s motion for summary judgment for disability discrimination under the Americans with Disabilities Act be denied (but that defendant’s motion as to plaintiff’s age and religious discrimination claims be granted). Plaintiff worked for defendant as a Senior Inspector…

Read More Plaintiff Presented Enough Evidence to Overcome Summary Judgment on His “Perceived Disability” Discrimination Claim
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Recently, the Second Circuit held, in Kwan v. Andalex Group, that the district court erroneously granted summary judgment to defendant on plaintiff’s retaliation claims. Plaintiff alleged that she was fired by defendant’s Chief Investment Officer about three weeks after she complained to defendant’s Chief Operations Officer about gender discrimination, namely, by asking him why she was “being…

Read More Pointing to Inconsistent Reasons for Termination, Second Circuit Vacates Dismissal of Retaliation Claims
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