A retired professor at the Fashion Institute of Technology whose vocal opposition to a campus remodeling plan might have cost him emeritus status cannot establish that he suffered an adverse employment action, a federal appeals court ruled Friday.

The ruling in Zelnik v. Fashion Institute of Technology, 05-CV-5131, by a unanimous panel of the 2nd U.S. Circuit Court of Appeals, affirmed a decision by Southern District Judge Laura Taylor Swain, albeit under a different standard.

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