Morrison Cohen Client Granted Summary Judgment in Alleged Discrimination Case Brought by Former Employee

On February 6, 2024, U.S. District Judge Valerie E. Caproni sided with firm client Israel Discount Bank of New York in its battle against a former employee, who sued the bank for discrimination, failure to accommodate and retaliation after she was terminated following a finger sprain, which was sustained off-the-job and on personal time. After reviewing the evidence upon the close of discovery, Judge Caproni granted the defendants’ motion for summary judgment in full, concluding that the plaintiff’s termination resulted from legitimate, non-discriminatory and non-retaliatory job performance reasons.

The Court held that the plaintiff’s finger sprain did not constitute a disability under the Americans with Disability Act (ADA), further noting that no reasonable jury could find the Plaintiff’s termination to be retaliatory for her finger sprain, as she was given all accommodations requested.

The Court also found that although the employee’s finger injury could be considered a disability under the more lenient standards of the New York State and City Human Rights Laws, the evidence presented by the bank overwhelmingly supported that her termination was performance-related and had nothing to do with her finger injury.

The Court also rejected the Equal Employment Opportunity Commission’s initial finding of probable cause. The Decision stated that “no reasonable jury could conclude that [the employee’s] termination – which occurred during her probationary period and followed demonstrable and contemporaneously-documented performance failures – was motivated even in part by discrimination.”

Labor & Employment Partner and Co-Chair Keith Markel and Associate Alana Mildner Smolow represented Israel Discount Bank.