ORDER Granting 20 Motion for Summary Judgment. Ordered By
Peterson v. Long Island Railroad Company Doc. 34 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x MICHAEL K. PETERSON, Plaintiff, Memorandum and Order 10 Civ. 480 - against - LONG ISLAND RAILROAD COMPANY Defendant. ------------------------------------------------------x GLASSER, United States District Judge: Plaintiff Michael K. Peterson (“Peterson” or “plaintiff”) brought this action against his former employer, Long Island Rail Road Company (“LIRR” or “defendant”), alleging retaliation in violation of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601 et seq., and race-based employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., The New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law § 296, et seq. (McKinney 2010), and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code § 8-502. Peterson also alleges intentional infliction of emotional distress under New York State Law. Before the Court is defendant’s motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, defendant’s motion is GRANTED. BACKGROUND The following facts are undisputed unless otherwise noted.1 Peterson, an African-American male, worked as an Electrician for the LIRR in the Department of 1 Defendant urges the Court to deem admitted all statements contained in Defendant’s Statement Pursuant to Local Rule 56.1 (“Def.’s R. 56.1”) on the grounds that Plaintiff’s Counter- 1 Dockets.Justia.com Engineering for approximately 11 years. He was represented by the International Brotherhood of Electrical Workers, Local 589 (“IBEW”), pursuant to a Collective Bargaining Agreement between LIRR and IBEW.
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