In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims.
As to the discrimination claims, the court explained:
Substantially for the reasons stated by the District Court, we conclude that Defendants are entitled to summary judgment. The District Court correctly granted summary judgment to Defendants on Caruso’s discrimination claims. In particular, Caruso failed to offer sufficient evidence of pretext. The record on summary judgment established that Caruso was terminated after a physical altercation with another employee, defendant-appellant Charles Edwards. That physical fight violated GSH’s preexisting workplace violence policy. The director of Human Resources conducted an investigation and concluded, after interviewing multiple witnesses, that Caruso hit her co-worker. Both employees were fired for violating GSH’s workplace policies. Caruso offered no evidence that the Human Resources director or GSH acted with discriminatory animus and her speculative theories of bias were contradicted by the record. … Accordingly, the District Court correctly granted summary judgment to Defendants on Caruso’s discrimination claims.