2011 N.Y. Slip Op. 2073 (N.Y. 2011) Cited 41 times
In Acosta, it was "plain that, other than her personal statement, the DOE did not consider the documentation that petitioner submitted in support of her application" (Acosta, 16 NY3d at 319), but the same cannot be said here.
Finding that a failure to "have more vigorously inquired about certain of the tests" such that defendants would have "discovered the extent of their racially discriminatory impact" was not sufficient, without more, to establish intentional discrimination
Finding that the foreign parent had so "significantly affected the subsidiary's employment policies" that it could be held liable where the parent explicitly instructed the subsidiary not to fire Japanese expatriates
Holding that "plaintiff's vague, conclusory allegation of corporate identity of interest is wholly insufficient to withstand" the parent's motion to dismiss
Denying summary judgment in light of the "suspicion of mendacity" established by plaintiff regarding the documents supporting defendants' reason for termination, the disbelief of the stated reasons for termination and the close temporal proximity between the assertion of FMLA rights and termination