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Second Circuit Affirms Summary Judgment For Hospital Finding Legitimate, Non-Discriminatory Reason For Termination

 
 

HLD, v. 33, n. 3 (March 2005)

Second Circuit Affirms Summary Judgment For Hospital Finding Legitimate, Non-Discriminatory Reason For Termination

Marie Carmen Pointdujour alleged that she was suspended and ultimately discharged by her employer, Mount Sinai Hospital, after complaining about same-sex harassment by a co-worker. Pointdujour sued Mount Sinai in the U.S. District Court for the Southern District of New York for retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. �� 2000e-2--2000e-17. The district court entered summary judgment in favor of Mount Sinai and Pointdujour appealed.

            The Second Circuit affirmed in an unpublished opinion, finding the hospital identified a legitimate, non-descriminatory reason for the discharge. According to the hospital, after Pointdujour's complaint, it asked her to participate in its Employee Assistance Program (EAP) before returning to her job in the hospital emergency room. Pointdujour failed to participate in the EAP and only then was she fired, found the court.

          Even when the facts presented to the trial court are viewed in the light most favorable to the plaintiff, said the appeals court, it is clear that Mount Sinai terminated Pointdujour only when she failed to comply with its request that she participate in the EAP. Thus, because Mount Sinai advances a legitimate, non-discriminatory reason for the termination, summary judgment was proper.

          Pointdujour v. Mount Sinai Hosp., No. 04-1382 (2d Cir. Jan. 28, 2005). To read the case, go to http://www.ca2.uscourts.gov/

 

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