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HENRY v. DAYTOP VILLAGE, INC.

No. 393, Docket 94-7188.

42 F.3d 89 (1994)

Celia HENRY, Plaintiff-Appellant, v. DAYTOP VILLAGE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Charles Stephen Ralston, Theodore M. Shaw, Elaine R. Jones, NAACP Legal Defense & Educ. Fund, New York City, for plaintiff-appellant.

Parisis G. Filippatos, Douglas Menagh, Menagh, Trainor, Mundo & Falcone, P.C., New York City, for defendant-appellee.

Before: OAKES, ALTIMARI, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

We are asked to decide whether a Title VII plaintiff who brings arguably inconsistent claims is thereby precluded from challenging her employer's proffered legitimate nondiscriminatory reason for firing her. Because her claims are not inconsistent, and because the Federal Rules of Civil Procedure explicitly authorize pleading in the alternative, we hold that her second claim may not be construed as an admission against her first...

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