It is clear that under New York law, a plaintiff alleging gender-based discrimination must set forth evidence sufficient to prove such claims. In many instances, the evidence will be purely circumstantial and may include the plaintiff’s own testimony. As discussed in a recent gender discrimination case, while a plaintiff’s testimony may be sufficient to defeat a motion for summary judgment, a plaintiff who previously denied an essential fact cannot simply provide new contradictory testimony in an effort to avoid dismissal. If you were the victim of discrimination in the workplace, it is in your best interest to speak to a trusted New York employment discrimination attorney to determine what you must prove to recover compensation.
The Plaintiff’s Claims
It is reported that the plaintiff worked for the defendant human rights commission. At some point, she interviewed with the chair of the commission for the position of executive director. She was passed over for the position and faced other adverse effects at work, after which she filed a lawsuit against the defendant alleging numerous gender-based discrimination claims. The defendant filed a motion for summary judgment, which was granted by the trial court. The plaintiff appealed, arguing in part, that the court erred in dismissing her claim that she was denied a promotion based on her gender.
The Impact of Contradictory Testimony in Employment Discrimination Cases
Upon review, the court assumed that for purposes of its analysis that the plaintiff had set forth a prima facie case of employment discrimination based on her failure to receive a promotion, and that the defendant had set forth a legitimate, non-discriminatory reason for denying the motion. The court found, however, that the plaintiff had not produced any evidence that would support the inference that the defendant’s reasons for promoting another employee over the plaintiff were mere pretext.