Judge Richard Berman
McGinnis, who is black, alleged New York University Medical Center violated 42 USC §1981 by discriminating against her—by not promoting her—due to race, and that she was fired for bringing suit. The court’s Aug. 24, 2012, order granted NYU summary judgment on McGinnis’ claims of failure to promote and discriminatory discharge, but not her retaliation claim. Granting NYU reconsideration of the retaliation claim, the court determined that McGinnis failed to make a prima facie case of retaliation. The record showed that before she filed her bias action, NYU repeatedly reprimanded and disciplined McGinnis for numerous performance issues. Thus McGinnis’s claim that she had never been placed on any form of progressive discipline, and that NYU did not diminish her job duties before her complaint’s filing, was not supported. Because McGinnis’ basis for her retaliation claim was the timing between her July 9, 2009, complaint’s filing and her termination on Feb. 1, 2010, and because McGinnis was subject to “an extensive period of progressive discipline” prior to her complaint’s filing, she failed to make out a prima facie case of retaliation.