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MATTER OF BARNES v. BETH ISRAEL MED. CTR.

11244 & 401119/12 -5964

113 A.D.3d 431 (2014)

977 N.Y.S.2d 888

2014 NY Slip Op 174

In the Matter of BILLY BARNES, Appellant, v. BETH ISRAEL MEDICAL CENTER, Respondent, et al., Respondent.

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

Decided January 9, 2014.

DHR's determination had a rational basis in the record and was not arbitrary and capricious (see generally Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363 [1987]). Petitioner failed to show that the nondiscriminatory reason offered by Beth Israel for terminating his employment, namely, his commission of "gross misconduct" by placing his hands on a coworker's neck and threatening her, was a pretext for discrimination based upon...

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