Mayer v. Manton Cork Corp.
| Decision Date | 12 January 1987 |
| Citation | 126 A.D.2d 526,510 N.Y.S.2d 649 |
| Parties | , 52 Fair Empl.Prac.Cas. (BNA) 178 Rudy J. MAYER, Respondent, v. MANTON CORK CORPORATION, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald J. Barre, Lake Success, for appellant.
Robert J. Mayer, Garden City, for respondent.
Before THOMPSON, J.P., and NIEHOFF, KUNZEMAN and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
In an action pursuant to Executive Law § 296 to recover damages for age discrimination in employment, the defendant appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered December 19, 1985, which denied its motion for summary judgment.
ORDERED that the order is affirmed, with costs.
In order to make out a prima facie case of age discrimination the plaintiff must (1) demonstrate that he was a member of the protected class; (2) prove that he was discharged; (3) prove that he was qualified for the position he held; and (4) either (a) show that he was replaced by a person younger than himself; (b) produce direct evidence of discriminatory intent; or (c) produce statistical evidence of discriminatory conduct. Such a showing raises an inference of discrimination which serves to shift the burden to the defendant to produce evidence that the plaintiff's discharge was founded on valid business reasons which were independent of age considerations (see, McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668; Moore v. Sears, Roebuck & Co., 464 F.Supp. 357, 363; Deutsch v. Carl Zeiss, Inc., 529 F.Supp. 215; see also, Hill v. Westchester Aeronautical Corp., 112 A.D.2d 977, 492 N.Y.S.2d 789).
Bearing in mind that "discrimination is rarely so obvious or its practices so overt that recognition of it is obvious and conclusive, it being accomplished usually by devious and subtle means" (Matter of New York City Bd. of Educ. v. Batista, 54 N.Y.2d 379, 383, 446 N.Y.S.2d 1, 430 N.E.2d 877), we find that the affidavits submitted by the plaintiff in opposition to the defendant's motion for summary judgment made out a prima facie case of age discrimination. The plaintiff established that: (1) the plaintiff is a member of the protected class, (2) that he was discharged, (3) that he was qualified for the position held, and (4) that he was replaced by a younger person.
For the defendant to succeed on its motion for summary judgment it had the burden of setting forth evidentiary facts to establish its defense sufficiently to entitle it...
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