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South Street Seaport Kiwi Restaurant Nelson Blue Granted Summary Judgment in Title VII Action

Decision of the Week - In Vitro Server's PDA Claim Against Nelson Blue Denied

New Zealand Restaurant Nelson Blue (www.nelsonblue.com), a fixture in NYC's historic South Street Seaport area, was granted summary judgment in ex-server's Title VII claim. Server's claim that she was fired for wanting to undergo in vitro fertilization was dismissed as the phrase "different path" was found to be too ambiguous and not a common reference to pregnancy or motherhood or reasonably understood as one. The Court held that even had Elira Govori made out a prima facie claim of discrimination, she failed "under any reading of the evidence to show that the defendants' proffered reason for firing her was a pretext for discrimination or that discrimination played a role."

 

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