Nancy Wright (Partner-New York, NY) and Jenna Agatep Slater (Associate-New York, NY) prevailed on their motion for summary judgment before the U.S. District Court for the Southern District of New York, on behalf of their client, an elite private school. The plaintiff, a former learning support specialist at the school, alleged the institution discriminated and retaliated against him and subjected him to a hostile work environment because he is male. He asserted violations of Title VII, the New York State Human Rights Law, and the New York City Human Rights Law, challenging the school’s decision not to renew his contract and his subsequent termination for breach of the school’s confidentiality policy after he transmitted hundreds of school and student documents to his personal email account.

In moving for summary judgment, Nancy and Jenna demonstrated that the school’s actions were based on legitimate business reasons unrelated to discrimination or retaliation. Specifically, the decision not to renew the contracts of both the plaintiff and a female coworker followed more than two years of highly disruptive, ongoing interpersonal conflict between them. Before making the non-renewal decision, the school made exhaustive efforts to resolve the dispute, including mediation, office relocations, and internal and external investigations. The conflict persisted, adversely affecting the department’s efficacy and the broader learning environment. Shortly after the school notified both employees that their contracts would not be renewed, it discovered that plaintiff had violated the school’s confidentiality policy by transferring hundreds of school emails to his personal account, some of which contained sensitive student information. Following an investigation that confirmed the misconduct, the school terminated the plaintiff’s employment.

In granting summary judgment, the district court relied heavily on the school’s Rule 56.1 Statement of Undisputed Facts, which detailed these circumstances. The judge noted, among other things, that the plaintiff’s disparate treatment and gender discrimination claims were undermined by the overwhelming evidence of discord between him and his female coworker, whose contract also was not renewed. The court likewise rejected plaintiff’s retaliation claim, finding it baseless in light of his improper removal of confidential school and student property.

The court granted Wilson Elser's motion in full, including on the plaintiff's state and city claims, directing entry of final judgment in the client's favor and closing the case.