In an action claiming that defendant denied plaintiff a promotion based on his race, summary judgment for defendant is reversed where: 1) the record reflected genuine issues of material fact with respect to the failure to promote claim; and 2) the district court, in applying the legal standard governing hostile work environment claims, failed to consider the record evidence in the light most favorable to the plaintiff.
Argued: November 19, 2008
Decided: September 8, 2009
Opinion by Judge Sack
Arthur Z. Schwartz, Schwartz, Lichten & Bright, P.C., New York, NY