Demarco v. Stony Brook Clinical Practice Management Plan
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Paulina DeMarco appeals from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.) granting summary judgment to Defendants-Appel-lees and dismissing DeMarco’s claims. DeMarco alleged that defendants discriminated against her on the basis of her sex and pregnancy when Defendant Stony Brook Clinical Practice and Management Plan (“CPMP”) decided not to hire her. She alleged also that defendants failed to hire her in retaliation for engaging in the protected activity of filing an employment discrimination lawsuit against her former employer. We assume the parties’ familiarity with the facts, procedural history, and scope of the issues presented on appeal.
Both DeMarco’s discrimination and retaliation claims are analyzed using the burden-shifting paradigm articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Reed v. A.W. Lawrence & Co., 95 F.3d 1170, 1178 (2d Cir. 1996) (retaliation claims); Quaratino v. Tiffany & Co., 71 F.3d 58, 64 (2d Cir. 1995) (pregnancy discrimination claims).
Because the evidence in the record could support a jury’s finding that DeMarco had established a prima facie case of discrimination, and the district court properly determined that DeMarco made out a prima facie case of retaliation, the burden shifts to CPMP to provide a lawful reason for its decision not to hire DeMarco. CPMP has discharged this burden by asserting that it did not hire DeMarco based on her conduct during the application process. Thus, to avoid summary judgment, DeMarco must adduce evidence that could support a jury’s finding that “the legitimate reasons offered by the defendant were not its true reasons, but were a pretext.” Reeves v. Sanderson Plumbing Prod. Inc., 530 U.S. 133, 143, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). Accord Holcomb v. Iona Coll, 521 F.3d 130, 141 (2d Cir. 2008) (discrimination); Reed, 95 F.3d at 1181 (retaliation).
Drawing all reasonable inferences in DeMarco’s favor, the evidence could support a jury’s conclusion that CPMP decided not to hire her either because of her pregnancy or because of her lawsuit. Specifically, this conclusion could be based on the evidence (1) that Research Foundation’s Assistant Vice President for Human Resources suggested that CPMP could employ DeMarco as a data analyst briefly, despite knowing of her alleged dishonesty; (2) that Darren Mikalsen, one of the supervisors for the data analyst position, upon learning of DeMarco’s prior employment, told DeMarco that it would not be a problem; and (3) that CPMP back-dated documents indicating that DeMarco had poor references. Thus, summary judgment was not appropriate.
Accordingly, for the foregoing reasons, the judgment of the district court is VACATED and the case is REMANDED.
Reference
- Full Case Name
- Paulina DEMARCO v. STONY BROOK CLINICAL PRACTICE MANAGEMENT PLAN and Research Foundation of the State University of New York
- Status
- Published