HLD, v. 33, n. 3 (March 2005)
Second Circuit Affirms Summary
Judgment For Hospital Finding Legitimate, Non-Discriminatory Reason For
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
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unpublished opinion, finding the hospital identified a legitimate,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.
v. Mount Sinai Hosp., No. 04-1382 (2d Cir.
Jan. 28, 2005). To read the case, go to http://www.ca2.uscourts.gov/