Matz v. Prospect Energy Corp.

Order, Supreme Court, New York County (Herman Cahn, J.), entered November 19, 2008, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

The complaint was properly dismissed in this action where plaintiff, a job applicant for a senior management position, alleges that defendants refused to hire him after inquiring and learning of his sexual orientation during a reference check. Plaintiff did not establish a prima facie case of discrimination inasmuch as he failed to show that he was denied employment under circumstances giving rise to an inference of…