The discrimination claims fail because the same supervisor who hired plaintiff in December 2015 fired him by early March 2016, undercutting any notion that plaintiff was mistreated due to his race, color, or national origin. The hostile work environment claims fail, because plaintiff withdrew the claims at his deposition after testifying that he did not consider race, color, or national origin when complaining that a coworker was hostile to him. The record also demonstrates nothing more than petty slights and trivial inconveniences arising from their arguments about the quality of his work and his use of his coworker's workstation and tools.
The retaliation claims fail, as plaintiff testified that no supervisor, coworker, or human resources personnel knew of an unrelated lawsuit he filed against his undergraduate institution, and he otherwise merely theorized that unnamed military or government agents, who were purportedly stalking him, bribed his supervisor to fire him or informed a coworker of the other action.
The discrimination and retaliation claims also fail because plaintiff's disagreement with defendants' assessment of his performance is insufficient to raise an issue of fact as to whether poor performance was a pretext for unlawful conduct.
Weir v. Montefiore Med. Ctr., NY Slip Op 05301 (1st Dep't September 27, 2022)
