In a suit against former employer alleging discrimination on the basis of plaintiff's Syrian national origin and retaliation, summary judgment for defendant-employer is reversed where the record presents triable issues of fact: 1) on discrimination claims in view of evidence that the decision to dismiss plaintiff-employee was in fact made by his own immediate supervisor in consultation with his supervisor; 2) that plaintiff's supervisor was angered by plaintiff's open resistance to his expressed desire to discriminate against workers taking medical leave; and 3) with respect to the existence of the malice that would overcome a statutory privilege.