Pramdip v. Building Service 32B-J Health Fund
Opinion of the Court
—In an action, inter alia, to recover damages for discrimination based upon race and national origin pursuant to the New York State Human Rights Law (Executive Law art 15), the defendant appeals from an order of the Supreme Court, Queens County (Hart, J.), dated February 10, 2003, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
To establish a prima facie case of discrimination under Executive Law § 296, the plaintiff must plead and prove that (1) she is a member of a protected class, (2) she was actively or constructively discharged, (3) she was qualified to hold the position from which she was discharged, and (4) the discharge occurred under circumstances giving rise to an inference of discrimination (see Ferrante v American Lung Assn., 90 NY2d 623, 629 [1997]). Once a prima facie case is made, the burden shifts to the employer to rebut the presumption with evidence that the plaintiff was discharged for a legitimate, nondiscriminatory reason. If such evidence is produced, the presumption is rebutted and the factfinder must determine whether the proffered reasons are merely a pretext for discrimination. A fact-finder who concludes that the proffered reasons are pretextual is permitted to infer the ultimate fact of discrimination but is not required to do so (see Mittl v New York State Div. of Human Rights, 100 NY2d 326 [2003]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.