United States Second Circuit

In an employment discrimination action alleging that defendant retaliated against plaintiff by failing to investigate her complaint, summary judgment for defendant is affirmed where an employer's failure to investigate a complaint of discrimination could not be considered an adverse employment action taken in retaliation for the filing of the same discrimination complaint.

Appellate Information

• Argued 10/15/2009
• Decided 05/14/2010
• Published 05/14/2010

Judges

• SACK, Circuit Judge:, Before SACK, LIVINGSTON, and LYNCH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephen T. Mitchell, Stephen T. Mitchell, P.C., New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Frederic C. Leffler, Proskauer Rose LLP, (Rebecca L. Berkebile, of counsel), New York, NY, for Defendant-Appellee.