United States Second Circuit

In a gender and age discrimination action by an employee of a university, summary judgment for defendants is affirmed in part where plaintiff failed to produce evidence of an express or implied contract to continue her employment. However, the order is reversed in part where: 1) in the circumstances here, a non-renewal of an employment contract itself was an adverse employment action and the district court erred in requiring plaintiff to show the existence of an unofficial tenured position to satisfy the adverse action requirement; and 2) the circumstances surrounding the non-renewal of her contract gave rise to an inference of age or gender discrimination.

Appellate Information

• Decided 10/23/2009
• Published 10/23/2009

Judges

• BIANCO, District Judge:, Before:  KEARSE and KATZMANN, Circuit Judges, and BIANCO, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David M. Marek, (Jeffrey L. Liddle on the brief) Liddle and Robinson, LLP, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Wendy E. Tarlow, (Nelson E. Roth, Valerie Cross Dorn and Norma W. Schwab on the brief), Cornell University, Ithaca, NY, for Defendants-Appellees.