Shojae v. Harlem Hosp. Ctr.

Summary

The Second Circuit affirmed summary judgment dismissing the plaintiff's hostile work environment, disparate treatment, and retaliation claims under Title VII, § 1981, and the New York State Human Rights Law (NYSHRL). However, the court vacated dismissal of the plaintiff's New York City Human Rights Law (NYCHRL) discrimination and retaliation claims against her supervisor and the hospital, holding she presented admissible evidence that she was treated "less well" based on gender, race, or national origin—a broader standard under NYCHRL. The case was remanded for the district court to determine whether to exercise supplemental jurisdiction and whether the statute of limitations for NYCHRL claims is tolled while an EEOC charge is pending.

Holdings

1. Vacated because plaintiff provided admissible evidence that she was treated 'less well' based on protected characteristics.
2. Vacated and remanded for determination of whether to exercise supplemental jurisdiction, because NYCHRL retaliation is construed as broadly as discrimination.

Questions Presented

1. Whether the district court properly granted summary judgment dismissing plaintiff's hostile work environment, disparate treatment, and retaliation claims under Title VII, §1981, NYSHRL, and NYCHRL.
2. Whether the district court properly dismissed the NYCHRL discrimination and retaliation claims against Khan and the Hospital.

Disposition

other