Legal Opinion
Ehmann v. Good Samaritan Hospital Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 7 opinions
1Opinion of the Court
To support a prima facie case of age discrimination under the Human Rights Law, the plaintiff must demonstrate (1) that she is a member of the class protected by the statute; (2) that she was actively or constructively discharged; (3) that she was qualified to hold the position from which she was terminated; and (4) that the discharge occurred under circumstances giving rise to an inference of age discrimination (see Ferrante v American Lung Assn., 90 NY2d 623, 629 [1997]). Once a prima facie case is made, the burden shifts to the employer to rebut the presumption with evidence that the…
2Cases cited4 opinions
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
- Sayegh v. FioreAppellate Division of the Supreme Court of the State of New York · 2011
- Considine v. Southampton HospitalAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- Furfero v. St. John's UniversityAppellate Division of the Supreme Court of the State of New York · 2012
- Mehra v. NayakAppellate Division of the Supreme Court of the State of New York · 2013
- Dzikowski v. J.J. Burns & Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Godino v. Premier Salons, Ltd.Appellate Division of the Supreme Court of the State of New York · 2016
- Dzikowski v. J.J. Burns & Co.Appellate Division of the Supreme Court of the State of New York · 2012
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