18‐392‐cv Shojae v. Harlem Hosp. Ctr. et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the 3 City of New York, on the 18th day of April, two thousand nineteen. 4 5 PRESENT: PIERRE N. LEVAL, 6 RAYMOND J. LOHIER, JR., 7 Circuit Judges, 8 LEWIS A. KAPLAN, 9 District Judge. 10 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 11 PARI SHOJAE, 12 13 Plaintiff‐Appellant, 14 15 v. No. 18‐392‐cv 16 17 HARLEM HOSPITAL CENTER, NEW YORK 18 CITY HEALTH AND HOSPITALS 19 CORPORATION, SHAHNAWAZ KHAN, 20 INDIVIDUALLY, and HINNAH FAROOQI, Judge Lewis A. Kaplan, of the United States District Court for the Southern District of New York, sitting by designation. 1 INDIVIDUALLY, 2 3 Defendants‐Appellees.† 4 5 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 6 FOR PLAINTIFF‐APPELLANT: Jonathan A. Tand, John C. 7 Luke, Jr., Tand & Associates, 8 Westbury, NY. 9 10 FOR DEFENDANTS‐APPELLEES Claude S. Platton, Jane L. 11 HARLEM HOSPITAL CENTER, Gordon, and Ellen S. Ravitch, 12 NEW YORK CITY HEALTH AND Assistant Corporation 13 HOSPITAL CORPORATION, and Counsel, for Zachary W. 14 HINNAH FAROOQI, INDIVIDUALLY: Carter, Corporation Counsel of 15 the City of New York, New 16 York, NY. 17 18 FOR DEFENDANT‐APPELLEE Shahnawaz Khan, pro se, 19 SHAHNAWAZ KHAN: Whitestone, NY. 20 21 Appeal from a judgment of the United States District Court for the 22 Southern District of New York (Katherine Bolan Forrest, Judge). 23 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, 24 AND DECREED that the judgment of the District Court is AFFIRMED IN PART 25 and VACATED AND REMANDED IN PART. 26 Pari Shojae appeals from a judgment of the District Court (Forrest, J.) † The Clerk of Court is directed to amend the official caption as shown above. 2 1 granting summary judgment in favor of Shojae’s former employer, the Harlem 2 Hospital Center, its owner and operator, the New York City Health + Hospitals 3 Corporation (collectively, “the Hospital”), and certain Hospital employees. 4 Shojae claimed that the Defendants discriminated against her because of her 5 gender, race, religion, and national origin, retaliated against her, and subjected 6 her to a hostile work environment, in violation of 42 U.S.C. § 1981, Title VII of the 7 Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e‐2 et seq., the New York State 8 Human Rights Law (NYSHRL), ...
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