In DeFreitas v Bronx Lebanon Hosp. Ctr., New York Appellate Division First Department affirmed the denial of summary judgment for the employer, holding that the employee demonstrated that issues of fact existed as to whether employer’s stated reason for termination was false or unworthy of credence on claims of age discrimination brought under the New York City Human Rights Law, among others.
The employer’s cited reason for termination of the employee was “budgetary reasons”, despite evidence that they had thereafter hired younger employees. Employer claimed that employee’s position was eliminated, but employer’s only evidence to demonstrate this was a chart created after employee’s termination. Thus, fact issue remained as to whether recently hired younger employees replaced older employee, among others.