NY Court Sets Test For Summary Judgment In Bias Cases

Law360, New York (December 21, 2011, 10:50 PM EST) -- A New York state appeals court affirmed the dismissal of a former Health Management Systems Inc. employee's discrimination claim Tuesday, but also said the city of New York's human rights law requires employers to provide solid, unrefuted evidence of nondiscrimination.

Plaintiff Kenneth Bennett's appeal gave the court an opportunity to address the amount of evidence required at the summary judgment stage in a discrimination case brought under the New York City Human Rights Law, Judge Rolando Acosta wrote for the appeals court.

“We hold that defendant...
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