United States Second Circuit

In an action in which plaintiff-employee alleges that defendant-employer discriminated against her, subjected her to a sexually hostile work environment, retaliated against her for complaints of discrimination and harassment and paid her less than her male colleagues for equal work, the district court's decisions granting in part defendant's motion to dismiss and motion for summary judgment, and denying plaintiff's motion to compel production of documents, are: 1) vacated in part, insofar as the district court granted in part defendant's motion to dismiss, where the district court erred when it refused to consider all allegations in the Complaint in their totality, including those that were not sexually offensive in nature; and 2) vacated in part, insofar as the district court granted in part defendant's motion for summary judgment, where the district court erred when it denied plaintiff's motion to compel documents, and when it disregarded a witness's affidavit because it contradicted the witness's prior deposition testimony.

Appellate Information

• Decided 07/24/2014
• Published 07/24/2014

Judges

• WALKER

Court

• United States Second Circuit

Counsel