United States Second Circuit

In a Title VII employment discrimination action, summary judgment for defendants is affirmed 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 order is 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.

Appellate Information

• Decided 12/03/2010
• Published 12/03/2010

Judges

• Array

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Barry D. Haberman, Ronald E. Sternberg