Legal Opinion · Dissent

Sandiford v. City of New York Department of Education

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 2012Published

1Dissent

Saxe and Catterson, JJ.,

dissent in a memorandum by Catterson, J., as follows: I must respectfully dissent. The plaintiff school aide did not challenge a grievance decision which concluded that she had engaged in inappropriate conduct with a 16-year-old female student, yet now argues that her termination was based on her sexual orientation and so was discriminatory and retaliatory. In my opinion, the plaintiffs attempt to inoculate herself against the consequences of her inappropriate conduct must be rejected: as set forth more fully below, well-established precedent upholds termination of…

2Cases cited24 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
  3. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  4. Shelley Weinstock v. Columbia UniversityCourt of Appeals for the Second Circuit · 2000
  5. Ryan v. New York Telephone Co.New York Court of Appeals · 1984

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