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In the past several weeks, the U.S. Court of Appeals for the Second Circuit reversed district courts’ grants of summary judgment in two noteworthy employment discrimination cases. In Aulicino v. New York City Department of Homeless Services,1 the court overturned the district court’s grant of summary judgment in a case where a white employee alleged he was denied a promotion because of his race and that he was subject to a hostile work environment. The court held that the record reflected genuine issues of material fact with respect to the failure to promote claim and that the district court failed to consider the evidence in the light most favorable to the plaintiff with respect to his hostile work environment claim.

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