A patient care technician terminated a day after telling her supervisor she was pregnant failed to raise triable issues needed to survive a motion to dismiss, because she couldn’t point to facts demonstrating that the pregnancy caused the firing, a state appeals court has ruled.

Sherma Castillo, a former care technician at Montefiore Medical Center, failed to show that the reason proffered by Montefiore for her termination—that her performance was poor during her probationary employment period and that management asked her to improve—was merely a pretext for discrimination against her, ruled an Appellate Division, First Department, panel.

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