Sotomayor v. City of New York
2013 U.S. App. LEXIS 7357
| 2d Cir. | 2013Background
- Sotomayor is a 56-year-old Hispanic schoolteacher employed by NYC Department of Education since 1999.
- Starting in the 2007-2008 school year defendants increased supervision, observed her more, and issued negative classroom evaluations.
- She alleges these actions were unwarranted and motivated by age, race, and national-origin discrimination and retaliation.
- She asserts violations of ADEA, Title VII, §1983, NYSHRL, NYC HRA, and FMLA.
- District court granted summary judgment for defendants on all claims on May 24, 2012.
- Appellant challenges the district court’s reasoning and appeals the dismissal of her claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sotomayor's discrimination claims survive | Sotomayor argues discrimination based on age, race, and origin. | Defendants contend performance issues, not discriminatory motive. | No genuine dispute; claims fail as a matter of law. |
| Whether Sotomayor's retaliation claims survive | Retaliation after protected activities; broader claims beyond FMLA. | Actions not shown with retaliatory animus; no adverse action linked to retaliation. | No reasonable jury could find retaliatory motive; claims fail. |
Key Cases Cited
- McBride v. BIC Corp., 583 F.3d 92 (2d Cir. 2009) (de novo review standard for summary judgment on appeal)
- Terry v. Ashcroft, 336 F.3d 128 (2d Cir. 2003) (retaliation standard under Title VII & ADEA)
- Torres v. Pisano, 116 F.3d 625 (2d Cir. 1997) (state-law retaliation analytically identical to Title VII)