Sosa v. Rockland Community College
Sosa v. Rockland Community College
Opinion of the Court
SUMMARY ORDER
Plaintiffs appeal summary judgment by the District Court. We review the District Court’s grant of summary judgment de novo. Holcomb v. Iona Coll, 521 F.3d 130, 137 (2d Cir. 2008). Summary judgment is appropriate if the evidence is such that no reasonable jury could return a verdict for the nonmoving party. McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 202 (2d Cir. 2007); see also Fed. R.Civ.P. 56(c).
The nonmoving party is required to “go beyond the pleadings” and “designate specific facts showing that there is a genuine issue for trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotation marks omitted); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S. Ct. 2505, 91 L.Ed.2d 202 (1986). This requires “more than simply show[ing] that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (citations omitted).
Employment discrimination cases are analyzed under the burden-shifting framework set forth by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See, e.g., Fisher v. Vassar Coll., 114 F.3d 1332, 1335-36 (2d Cir. 1997) (en banc), abrogated on other grounds, Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). According to this approach, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. If the plaintiff does so, the
As the District Court did implicitly, we assume, without deciding, that Plaintiffs made out a prima facie case of discrimination. See Bickerstaff v. Vassar Coll., 196 F.3d 435, 447 (2d Cir. 1999). Defendant, however, offered an adequate, nonpretextual explanation for failing to promote Plaintiffs. Plaintiffs offered little colorable evidence to show that Defendant’s explanation was a mere pretext or that Defendant intentionally discriminated. We observe, in passing, that Plaintiffs did not make out a disparate impact claim. We have considered all of Plaintiffs’ arguments and have found them to be without merit. Accordingly, the judgment of the District Court is AFFIRMED.
Reference
- Full Case Name
- Carolina SOSA and Dr. Gray Orphee v. ROCKLAND COMMUNITY COLLEGE
- Cited By
- 1 case
- Status
- Published