Title VII Discrimination Action

In Estate of Paulette Hamilton v. City of N.Y., No. 09-4318, a Title VII employment discrimination action, the court affirmed summary judgment for defendant in part where 1) plaintiff could not introduce evidence of subsequent remedial measures taken by defendant in order to establish defendant’s underlying liability; 2) the decision to consider EEOC findings was left to the “sound discretion” of the district court; and 3) plaintiffs pointed to no evidence indicating that the relevant performance evaluations were biased or manifestly inaccurate.  However, the court vacated in part where plaintiffs deserved an opportunity to present their Labor Law claim to the district court as it inevitably considered whether it would be appropriate to construe defendants’ motion for summary judgment as a motion to amend their answer.

 

Related Resources

  • Read the Second Circuit’s Decision in Estate of Paulette Hamilton v. City of N.Y., No. 09-4318

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