In a Title VII action claiming that Defendant failed to promote Plaintiff on the basis of her race and sex, summary judgment for Defendant is affirmed in part, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant's claim of mistake was a pretext for race discrimination; but reversed in part, where the combination of close temporal proximity between an employer's heightened scrutiny and plaintiff's filing of an EEOC charge is sufficient to establish the causal nexus needed to establish a prima facie case of retaliation.
Argued: April 22, 2009
Decided and Filed: August 14, 2009
Opinion by Judge Cole
Matthew Colangelo, NAACP Legal Defense & Educational Fund, Inc., New York, NY