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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47104 Magistrate Judge Katz PLAINTIFF MAIL handler claimed race and gender discrimination, as well as unlawful retaliation, under Title VII of the Civil Rights Act of 1964. Plaintiff admitted that he was involved in an incident with a supervisor and that he refused to comply with her orders to stop loading pallets on a truck. The court noted that plaintiff merely contended that because he did not strike the supervisor with a powered industrial truck (PIT) and because an arbitrator found insufficient evidence to conclude that he intentionally assaulted the supervisor, he must have been fired on the basis of race and gender. The court added that it does not matter whether plaintiff actually struck the supervisor with the PIT, intentionally or otherwise, and concluded that plaintiff argued with and yelled at the supervisor, and disregarded her orders, while operating a machine in a crowded work environment. The court, therefore, granted defendants’ summary judgment motion for plaintiff’s failure to show that he was discriminated against.

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