DISCRIMINATION

Warren v. N. Shore Univ. Hosp. at Forest Hills, No. 06-4980-cv (2d Cir. Mar. 7, 2008)

The United States Court of Appeals for the Second Circuit affirmed summary judgment in favor of a hospital sued by an African American physician assistant (PA) for race discrimination, holding that the PA did not produce sufficient evidence that the nondiscriminatory reason given by the hospital for not promoting the PA to an orthopedics position (i.e., the applicants who were hired displayed a positive, pro-patient attitude, while two orthopedic surgeons complained that the complaining PA "wasn't really good with the patients") was false. The court also concluded that the hospital's delay in transferring the PA to the surgery department after she obtained a promotion, the delay in her orientation to the pharmacy, the assignment of evening shifts to the PA, and workload assignments were not adverse employment actions within the meaning of antidiscrimination laws.