A New York State Supreme Court had denied, in part, the School District's [Defendant] motion for summary judgment. The Appellate Division unanimously granted the Defendant's motion and dismissed the Plaintiff's complaint.
Supreme Court had dismissed Plaintiff's disability discrimination claim and a retaliation cause of action, but denied that part of the Defendant's motion seeking dismissal of Plaintiff's sex discrimination claim.
However, said the Appellate Division, Supreme Court had "properly determine" that Defendant established there were legitimate, non-discriminatory reasons for its employment decision to terminate the Plaintiff, a probationary employee, before the end of the Plaintiff's probationary period and that Plaintiff had failed to raise an issue of fact.
The Appellate Division explained that the Defendant had established "the absence of a material issue of fact as to whether [Defendant's] explanations were pretextual" for its decision to terminate Plaintiff and Plaintiff had failed to raise a triable issue that Defendant's reasons were false and "that [gender-] motivated discrimination was the real reason" for Defendant's employment decision.
Click HERE to access the Appellate Division's decision posted on the Internet.