Ludwig v. Rochester Psychiatric Center
Ludwig v. Rochester Psychiatric Center
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Annie Ludwig appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) dated May 6, 2008, granting defendants-appellees’ motion for summary judgment and dismissing the amended complaint with prejudice. We assume the parties’ familiarity with the underlying facts and procedural history of this case.
We review the grant of summary judgment de novo, “examining the evidence in the light most favorable to, and drawing all inferences in favor of, the non-movant.” Sheppard v. Beerman, 317 F.3d 351, 354 (2d Cir. 2003). Summary judgment is appropriate when “there is no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).
To establish a prima facie case of retaliation under Title VII,
Assuming arguendo that Ludwig established a prima facie case of retaliation, her claim nonetheless fails because she failed to demonstrate that the defendants’ legitimate, non-retaliatory reasons for her reassignment were pretextual. Ludwig contends that these reasons were pretextual because they were inconsistent. Although a defendant’s inconsistent justifications for an employment action can be sufficient for a plaintiff to establish pretext, see Norville v. Staten Island Univ. Hosp., 196 F.3d 89, 97-98 (2d Cir. 1999), we see no inconsistencies in the various articulations offered by the defendants for why Ludwig was reassigned to the Regional Forensic Unit.
We have considered all of Ludwig’s arguments and find them to be without merit. Accordingly, for the reasons set forth
AFFIRMED.
. Ludwig’s claim under the New York State Human Rights Law is subject to the same analysis. See Salomon v. Our Lady of Victory Hosp., 514 F.3d 217, 226 n. 9 (2d Cir. 2008) (“We typically treat Title VII and NYHRL discrimination claims as analytically identical, applying the same standard of proof to both claims.”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.