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MEMORANDUM & ORDER Plaintiff Hatem Abd El Nabi Abd Rabo (“Rabo”) brings this action pursuant to the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§2601, et. seq. and New York City Human Rights Law, Admin. Code §8-107, et. seq., against Defendants Rainbow USA, Inc., Rainbow Apparel Distribution Center Corp. (collectively, “Rainbow”), Adin Goldberg (“Goldberg”), Hazem Yousef (“Yousef”), and Jacques Salama (“Salama”). Compl. 1, Dkt. 1. Before the Court is Defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Dkt. 23. For the reasons stated below, the motion is GRANTED in part and DENIED in part as moot. BACKGROUND Rainbow operates more than 1,000 clothing stores within the United States, Puerto Rico, and the U.S. Virgin Islands. Compl. 13. Goldberg was hired by Rainbow in March 2011 as a Senior Vice President and Chief Human Resources Officer. Defs.’ Local Rule 56.1 Statement of Undisputed Facts (“DSOF”) 9, Dkt. 24; Pl.’s Opposition to DSOF and Pl.’s Counter 56.1 Statement (“PSOF”) 9, Dkt. 32. Yousef was hired in 1990 and in the early 2000s was promoted to Director of Stores and Vice President of Operations. DSOF 12; PSOF 12. Salama was hired around 1982-1983 and promoted in 1999 to Regional Manager. DSOF 16; PSOF 16. Plaintiff was hired by Rainbow about the end of 2005 as a Store Manager. DSOF 20; PSOF 20. After voluntarily leaving Rainbow around the end of 2006, Plaintiff was rehired by Rainbow as an Area Manager in February 2008. DSOF

22-23; PSOF

 
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