Posted On: October 13, 2009 by Schwartz & Perry

Second Circuit affirms decision to grant summary judgment in favor of CUNY

The United States Court of Appeals, Second Circuit, in New York, affirmed the district court’s decision to grant summary judgment for the Defendant, The City University of New York, in an employment discrimination case brought by Plaintiff, Marie Chery.

Chery interviewed for an adjunct lecturer position with the University and claims that she was not hired due to her race and national origin. The University defended its decision not to hire Chery by arguing that other candidates had superior qualifications, including speaking multiple languages and familiarity with the student body.

The Second Circuit reasoned that Chery failed to provide any evidence to show that CUNY discriminated against her, and thus, Chery was not able to fulfill her burden of proving that the adverse employment actions were discriminatory.

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