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WOODIE v. AZTECA INTERNATIONAL CORPORATION

60 A.D.3d 535 (2009)

875 N.Y.S.2d 475

PHILLIP R. WOODIE, Respondent, v. AZTECA INTERNATIONAL CORPORATION et al., Appellants, et al., Defendants.

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

Decided March 24, 2009.

A three-part analysis is required for proving employment discrimination under Executive Law § 296 (see Stephenson v Hotel Empls. & Rest. Empls. Union Local 100 of AFL-CIO, 6 N.Y.3d 265, 270-271 [2006]). The employee must first establish a prima facie case of discrimination. The burden then shifts to the employer to rebut the prima facie case with a legitimate reason, in which case the burden shifts back to the employee to...

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