United States Second Circuit
Kwan v. The Andalex Group LLC, 12-2493
Summary judgment dismissing plaintiff's claims for discrimination, retaliation, and hostile work environment, in violation of federal and state discrimination laws, and failure to notify the plaintiff of her rights under the Consolidated Omnibus Budget Reconciliation Act of 1985, in violation of the Employee Retirement Income Security Act of 1974 (ERISA) is: 1) vacated in part and remanded, as to plaintiff's retaliation claims because a genuine dispute of material fact exists as to whether plaintiff's September 3 complaint of gender discrimination was a but-for cause of the plaintiff’s termination; but 2) otherwise affirmed in all respects.
Appellate Information
- Decided 12/16/2013
- Published 12/16/2013
Judges
- KOELTL
Court
- United States Second Circuit