United States Second Circuit

In an action for racial discrimination and retaliation in violation of Title VII, judgment for defendants is affirmed in part where, although a reasonable juror could certainly have considered certain remarks by plaintiff's colleagues discriminatory, they have little probative value in the context of the case. However, the judgment is vacated in part where the district court's instruction on causation was erroneous because a causal connection was sufficiently demonstrated if the agent who decides to impose the adverse action but is ignorant of the plaintiff’s protected activity acts pursuant to encouragement by a superior (who has knowledge) to disfavor the plaintiff.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• Pierre M. Leval

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven Anthony Morelli, Michael Delikat