United States Second Circuit

In plaintiff-employee's Title VII claims, grant of summary judgment for defendant-employer is affirmed in part, vacated in part, and remanded where: 1) the claim under the Federal Tort Claims Act lacked subject-matter jurisdiction; 2) plaintiff's hostile work environment and retaliation claims were not exhausted and his remaining claims and he failed to submit evidence on his remaining claims on which an inference of discrimination could reasonably be based; 3) the Federal Employees' Compensation Act vested the Secretary of Labor with exclusive authority over federal employees' claims arising from work-related injuries; and 4) the district court erred in dismissing plaintiff's emotional-distress claim under Federal Tort Claims Act.

Appellate Information

• Decided 11/03/2008
• Published 11/03/2008

Judges

Court

• United States Second Circuit

Counsel