Justice Diccia Pineda-Kirwan
Malik sued to recover damages for alleged discrimination by defendants. She alleged claims including race and disability discrimination, hostile work environment based on gender, and quid pro quo sexual harassment. Malik took some short-term leaves of absence after a car accident while working for AIG and the Rothenberg Law Office, and upon her return had conditions placed on her activities by medical professionals. Malik claimed she felt retaliated against for going on disability. Defendants moved for summary judgment dismissing the complaint. The court noted there was an issue of fact if Rothernberg had knowledge of any discriminatory conduct and ignored it, stating same would make AIG liable for the conduct of Malik’s non-supervisor co-employees. It ruled Malik’s evidence was sufficient to raise an issue of fact warranting denial of summary judgment. The court also found an issue of fact if any quid pro quo sexual harassment occurred against Malik, finding her allegations sufficient to support such claim precluding summary judgment dismissal. It further stated individual liability against employees who aided and abetted unlawful discriminatory conduct of their employer was permitted, denying dismissal against the individual employees.