Employment – Disparate treatment – Harassment

Where a defendant gas company was awarded summary judgment on a plaintiff employee’s claims of race-based disparate treatment and of hostile work environment, there is no basis for reversing that judgment, as (1) the defendant’s justification for disciplining the plaintiff — his inadequate job performance — was not pretextual and (2) the defendant did not fail to take prompt and appropriate remedial action about harassment by coworkers.

Espinal v. National Grid NE Holdings 2, LLC, et al. (Lawyers Weekly No. 01-222-12) (14 pages) (Lynch, C.J.) (1st Circuit) Appealed from a decision by Stearns, J., in the U.S. District Court for the District of Massachusetts. Alex G. Philipson for the plaintiff-appellant; David J. Kerman, with whom Sarah B. Herlihy and Jackson Lewis were on brief, for the defendants-appellees (Docket No. 11-1682) (Aug. 23, 2012).