The U.S. Court of Appeals for the Second Circuit has reversed summary judgment in a Title VII retaliation case that sheds further light on the ways plaintiffs can prove that management terminated their employment for pretextual reasons. The case also applies the Supreme Court’s new standard governing the plaintiff’s burden of proof in retaliation cases.
In Kwan v. The Andalex Group,1 decided on Dec. 16, 2013, the plaintiff worked as vice president of acquisitions for a real estate firm. She was hired in April 2007 and was terminated on Sept. 26, 2008. While defendant argued that it terminated plaintiff for performance deficiencies, she claimed her termination was retaliatory, occurring about three weeks after she complained that she was treated differently from the men in salary and bonuses. After the district court granted summary judgment on the retaliation claim, plaintiff appealed. Finding that the jury may rule in plaintiff’s favor on this claim, the Second Circuit remanded the case for trial.
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