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Second Circuit Reinstates Gender Discrimination Claim


On November 19, 2019, the Second Circuit issued a decision reversing a lower court’s decision to dismiss a woman’s claim of gender discrimination. In Khanna v. Mufg Union Bank, N.A., No. 19-893, 2019 U.S. App. LEXIS 34325, at *3-4 (2d Cir. Nov. 19, 2019), the court found that the lower court improperly overlooked the plaintiff’s evidence that she was treated differently because of her gender. The Court concluded that the plaintiff’s allegations “show the sort of ‘mosaic’ of intentional discrimination based on ‘bits and pieces’ of evidence that we expect to see in a discrimination claim because ‘clever men may easily conceal their motivations.’” We are pleased to see the appellate court again reminding the lower court that discrimination is rarely admitted or placed in writing and that no “smoking gun” is needed to prove to a jury that discrimination occurred.

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