Ferrante v. American Lung Association

In Ferrante v. American Lung Association, 90 NY2d 623 (1997), the court, in an employment discrimination case, wrote: "The standard for recovery under section 296 of the Executive Law are in accord with Federal Standards under title VII of the Civil Rights Act of 1964. ... On a claim of discrimination, plaintiff has the initial burden to prove by a preponderance of the evidence a prima facie case of discrimination. .... The burden then shifts to the (defendant) 'to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and non-discriminatory reasons to support its ... decision ....' If the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff, then the presumption raised by the prima facie case is rebutted and 'drops from the case'.... (Next), plaintiff is still entitled to prove that the legitimate reasons offered by defendant were merely a pretext for discrimination .... Even if the (defendant's reason is 'unpersuasive or even obviously contrived' plaintiff always has the ultimate burden of proof to show that intentional discrimination has occurred under a consideration of all the evidence."