Excellus BlueCross BlueShield must face claims of race discrimination and retaliation brought by a former contract negotiation director, according to a July 22 federal court order.
U.S. District Court Judge Anthony Brindisi denied Excellus’ motion for summary judgment and allowed those claims, as well as a state gender discrimination claim, to move to trial. The former employee, an African American woman named Sheri Rodriguez, sued the insurer in October 2022. Ms. Rodriguez’s complaint said a colleague “became hostile and aggressive” toward her and “had never spoken to white members of leadership in such an unprofessional manner.”
When her supervisor asked directly whether the colleague treated her differently, Ms. Rodriguez said yes, citing exclusion from meetings with other directors, limited work data access and being left out of relevant emails. The complaint alleges retaliation following Ms. Rodriguez expressing her concerns. The company ultimately terminated Ms. Rodriguez.
The recent decision pointed to an instance in which Excellus did not terminate a comparable white male leader despite alleged errors, as well as a roughly one-month-long gap between Ms. Rodriguez’s complaints and her termination.
“A reasonable jury could certainly consider the proximity between those events, together with the disputed evidence concerning the June 2022 directive and defendant’s differential treatment of alleged comparator employees, in determining whether defendant’s stated reason for plaintiff’s termination was merely pretextual,” the decision said.
The parties have 30 days to report on settlement status and propose trial dates.
Excellus BCBS told Becker’s it does not comment on pending litigation. Becker’s also contacted Ms. Rodriguez’s legal team and will update this story if more information becomes available.
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