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Summary Judgment for KM&M Client in Refusal to Rehire Case

July 9, 2002

The U.S. District Court for the Southern District of New York has granted summary judgment in a racial discrimination case in favor of KM&M's client, a major real estate ownership and management firm. The plaintiff was twice hired as a seasonal janitorial employee at a landmark New York City office complex. The following year, the company declined to rehire him because of his pattern of poor attendance and lateness. The plaintiff brought suit in federal court under Title VII of the Civil Rights Act of 1964, alleging that the company refused to rehire him because of his race. Although the plaintiff presented a smattering of evidence to support his claim (such as allegedly discriminatory remarks by his supervisor), the Court found that there was insufficient evidence to support a conclusion that the company's decision not to rehire the plaintiff was a pretext for racial discrimination. Accordingly, the Court granted summary judgment, dismissing the plaintiff's claims in their entirety.