In Cortes v. MTA New York City Transit,1 the U.S. Court of Appeals for the Second Circuit, per Judge Ralph Winter, ruled that the summary judgment hurdle discrimination plaintiffs have to overcome in the face of a prior arbitration award upholding a termination does not apply where the plaintiff’s discrimination claims had been dismissed, after hearing, by the New York State Division of Human Rights (NYSDHR).
In an earlier 2002 decision, in Collins v. N.Y. City Transit Auth.,2 the appellate court held that where a termination decision is upheld by an arbitrator, a plaintiff attempting to survive a summary judgment motion on its statutory discrimination claims “must present strong evidence that the decision was wrong as a matter of fact—e.g. new evidence not before the tribunal—or that the impartiality of the proceeding was somehow compromised.”
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