Davis-Garett v. Urban Outfitters, Inc., No. 17-3371 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated the district court's grant of summary judgment in favor of defendants in an action alleging claims of retaliation and hostile work environment discrimination in violation of the Age Discrimination in Employment Act of 1967. The court held that the district court erred in refusing to consider evidence of events that, though they preceded the actionable time period if viewed as discrete events, remain actionable as part of a hostile work environment and relevant as background for a claim of retaliation; that in assessing the claims of retaliation, the district court erroneously applied the standard applicable to claims of discrimination rather than claims of retaliation; and that the evidence, viewed in the light most favorable to plaintiff, sufficed to present triable issues of material fact as to the claims of hostile work environment and retaliation.