Summary
In this unpublished summary order, the Second Circuit affirmed summary judgment for the employer on an age discrimination claim under the New York City Human Rights Law (NYCHRL). The court held that the plaintiff failed to present sufficient evidence that age played any role in two employment decisions—a 2015 territory specialization and a 2017 reassignment offer—as the employer offered legitimate, non-discriminatory business reasons and the plaintiff’s evidence of pretext (including an isolated age-related comment and minor inconsistencies in testimony) was insufficient to create a triable issue. The decision underscores that under the NYCHRL, an employer is entitled to summary judgment where the record demonstrates as a matter of law that discrimination played no role in its actions, and that subjective, discretionary business decisions do not become pretextual merely because they are not explained with precision.
Holdings
- Summary judgment was proper because Bohlinger failed to put forth sufficient evidence that his age played a role in the 2015 specialization or the 2017 reassignment.
Questions Presented
- Whether the district court erred in granting summary judgment on Bohlinger's age discrimination claim based on the 2015 specialization and the 2017 reassignment.
Disposition
affirmed
Cases Cited (10)
- Ya-Chen Chen v. City Univ. of N.Y., 805 F.3d 59 (2d Cir. 2015)(cited)
- Deep Woods Holdings, L.L.C. v. Sav. Deposit Ins. Fund, 745 F.3d 619 (2d Cir. 2014)(cited)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 103 (2d Cir. 2013)(cited)
- Golston-Green v. City of New York, 123 N.Y.S.3d 656 (App. Div. 2020)(cited)
- Watson v. Emblem Health Servs., 69 N.Y.S.3d 595 (App. Div. 2018)(cited)
- Williams v. N.Y.C. Hous. Auth., 872 N.Y.S.2d 27 (App. Div. 2009)(cited)
- Quaratino v. Tiffany & Co., 71 F.3d 58 (2d Cir. 1995)(cited in appellant's argument)
- Melman v. Montefiore Med. Ctr., 946 N.Y.S.2d 27 (App. Div. 2012)(cited)
- Bennett v. Health Mgmt. Sys., Inc., 936 N.Y.S.2d 112 (App. Div. 2011)(cited)
- Roge v. NYP Holdings, Inc., 257 F.3d 164 (2d Cir. 2001)(cited)
Cited In (0)
No citing cases on record yet.