Celia Henry v. Daytop Village, Inc.

JOSÉ A. CABRANES, Circuit Judge:

We are asked to decide whether a Title VII plaintiff who brings arguably inconsistent claims is thereby precluded from challenging her employer’s proffered legitimate nondiscriminatory reason for firing her. Because her claims are not inconsistent, and because the Federal Rules of Civil Procedure explicitly authorize pleading in the alternative, we hold that her second claim may not be construed as an admission against her first claim. Accordingly, we reverse in part and affirm in part.

Plaintiff Celia Henry, a black woman, sued her employer, the defendant…