Ngai V. Urban Outfitters, Inc., No. 19-Cv-1480
Case 2:19-cv-01480-WB Document 50 Filed 03/29/21 Page 1 of 44 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PAUL NGAI AND XIAOYAN NGAI, CIVIL ACTION Plaintiff, v. URBAN OUTFITTERS, INC., LORIE A. NO. 19-1480 KERNECKEL, BARBARA ROZASAS, JOHN DOES 1 THROUGH 10 AND ABC CORPORATIONS 1-10, Defendants. MEMORANDUM OPINION Defendants Urban Outfitters, Inc. (“Urban”), Lorie A. Kerneckel, and Barbara Rozsas (collectively, Defendants) move for summary judgment on Paul Ngai (“Plaintiff” or “Ngai”) and Xiaoyan Ngai’s (together, “Plaintiffs”) claims for national origin and age discrimination, retaliation, and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Pennsylvania Human Rights Act (PHRA), and the Philadelphia Fair Practices Ordinance (PFPO), aiding and abetting discrimination in violation of the PHRA and PFPO, whistleblower retaliation in violation of the Sarbanes-Oxley Act, violation of the Pennsylvania Wage Payment and Collection Law (WPCL), and common law intentional infliction of emotional distress (IIED) and loss of consortium.1 In turn, Plaintiffs move for partial summary judgment with respect to Defendants’ affirmative defense that Ngai failed to mitigate damages. For the reasons that follow, Defendants’ motion will be granted in part and denied in part and Plaintiffs’ motion will be denied. 1 Plaintiff abandons his gender-based claims of discrimination, retaliation, and hostile work environment, common law wrongful discharge, and whistleblower retaliation under the Dodd-Frank Wall Street Reform and Consumer Protection Act in his summary judgment briefing. These claims will therefore be dismissed.
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