The dispute centers on Chevannes’s firing in November 2020, four months after she filed a discrimination complaint with ProHEALTH HR Generalist Haley Breen in July 2020. ProHEALTH terminated Chevannes for job abandonment, a decision the court held could reasonably be viewed as pretext for retaliation.
Choudhury ruled that the four-month gap between the protected activity and the termination was not too attenuated to establish a causal connection for a prima facie case. The court noted that while the Second Circuit has not drawn a bright line for temporal proximity, a period of several months can demonstrate causation.
Beyond timing, the court identified specific factual disputes regarding the termination process. Chevannes testified that she submitted leave paperwork to FMLASource as directed, yet ProHEALTH terminated her without notifying her by email that she would be deemed to have abandoned her job if she did not respond by November 16, 2020.
Furthermore, Chevannes stated that although she had informed Cintron of her hospital visits, Cintron only notified her of the response deadline by calling from a blocked number and mailing a letter that arrived on November 14, 2020. Chevannes emailed Cintron on November 18, 2020, testifying she had not yet seen the letter and believed she had responded to all communications.
The court held that this evidence, alongside the temporal proximity, could raise weaknesses or inconsistencies in ProHEALTH’s proffered legitimate reason for termination. The judge emphasized that it is for the jury, not the court, to resolve significant questions concerning the credibility of witnesses with relevant knowledge of the events.
Defendant’s motion for summary judgment was denied without prejudice regarding Chevannes’s remaining claims under the Americans with Disabilities Act and the New York Labor Law. The parties are scheduled to appear before the court for a conference to be set by a separate order.