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ABBOTT v. MEMORIAL SLOANKETTERING CANCER CENTER

276 A.D.2d 432 (2000)

714 N.Y.S.2d 287

RUDOLPH ABBOTT, Respondent, v. MEMORIAL SLOANKETTERING CANCER CENTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 26, 2000.

Plaintiff has set forth claims sounding in both disparate treatment and disparate impact. Under either theory, a plaintiff may use statistical evidence to rebut an employer's non-discriminatory explanation of its actions (see, Hollander v American Cyanamid Co., 895 F.2d 80, 84). Although the motion court properly found that plaintiff was entitled to information respecting defendant's termination of employees with 25 years of service...

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