Fourth Department – Employment discrimination: Hoffman v. St. Bonaventure University

Listen to this article

New York State Supreme Court, Appellate Division, Fourth Judicial Department

 Employment discrimination — Legitimate, nondiscriminatory reason

Hoffman v. St. Bonaventure University

CA 24-00445

Appealed from Supreme Court, Cattaraugus County

Background: The plaintiff commenced an employment discrimination action alleging that the defendant did not select her for a position because of her sex and religious beliefs. The defendant appealed from an order denying its motion for summary judgment.

Ruling: The Appellate Division reversed. The court noted that the evidence submitted included the fact that a committee consisted of 10 members who interviewed the plaintiff and another candidate. They assessed the candidates based on a series of questions. The other candidate scored objectively higher than the plaintiff, received more positive comments, and had more relevant experience. Thus, the burden was shifted to the plaintiff to raise an issue of fact whether the legitimate reasons proffered by the defendant were merely a pretext for discrimination.

Stephen A. Sharkey, of Bond, Schoeneck & King, for the defendant-appellant; Lindy Korn for the plaintiff-respondent.

Oral argument video