Bivens v. Institute For Community Living, Inc. et al

Filing 84

OPINION AND ORDER: At the final pretrial conference on January 28, 2016, the Court directed the parties to file letters by February 1, 2016, regarding the appropriate standard of causation for gender discrimination claims under the New York City Hu man Rights Law ("NYCHRL"). Plaintiff Heather Bivens had proposed jury instructions suggesting that the burden fo r proving causation was lighter under the NYCHRL than under Title VII of the Civil Rights Act of 1964-that, under the NYCHRL, a plaintiff had to show only that discriminatory motive "played a role," rather than showing it to be a "motivating factor" as required under Title VII. In response to the Court's request for further submissions on this iss ue, Bivens filed a letter stating that she "agrees... that proving gender bias 'played any role' in Ms. Bivens' termination is synonymous with proving gender bias was 'a motivating/actor."' Dkt. 81, at 1 (emphasi s in original). She acknowledged that Title VII and the NYCHRL "are aligned" on this issue. id. Defendants filed a letter taking the same position, but objecting that plaintiffs' proposed jury instruction on causation creates confus ion by interchangeably using the terms "motivating factor" and "played a role." Dkt. 82, at 2. The Court, accordingly, will instruct the jury that, as to both the Title VII and the NYCHRL causes of action, it is to apply the &qu ot;motivating factor" standard in evaluating plaintiffs claim that her termination was attributable to gender discrimination. The Court does not intend to charge the jury using the "played a role" formulation, because using this sep arate (though substantively identical) formulation alongside the "motivating factor" formulation has the potential to needlessly confuse the jury. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/3/2016) (cf)