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Rabel v. American Building Maintenance
Citation: 81 F. App'x 383Docket: No. 02-7451
Court: Court of Appeals for the Second Circuit; November 30, 2003; Federal Appellate Court
Irving Carlo Rabel, the plaintiff-appellant, appeals the district court's March 12, 2002 judgment that granted summary judgment in favor of the defendant-appellee, American Building Maintenance (ABM). Rabel's claims, based on 42 U.S.C. § 2000e et seq. and 29 U.S.C. § 621, alleged discrimination due to race and age, as well as claims under 42 U.S.C. § 2000e-3(a) and 29 U.S.C. § 628(d) for retaliation. The district court determined that Rabel did not establish a hostile work environment related to age or race and failed to show a prima facie case for retaliation, lacking evidence of a causal connection between his EEOC complaints and adverse employment actions. On appeal, Rabel contends that there are genuine issues of material fact regarding the hostile work environment and retaliation claims. The appeal is reviewed de novo, considering the evidence favorably towards the non-moving party. After review, the appellate court affirms the district court's decision for the reasons articulated below.