Facts

Plaintiff Michael Gabour worked as a sales executive for defendant Hyatt Residential Marketing Corporation from 2003 until August 2005, when Hyatt terminated his employment. Gabour brought claims against Hyatt for discrimination, harassment and retaliation under the Fair Employment and Housing Act and Title VII.

PLAINTIFF'S CONTENTIONS:
Gabour alleged that he was denied multiple promotions and constructively discharged because he is Egyptian and male. He also alleged that he was repeatedly called a terrorist by his co-workers and witnessed sexually offensive behavior in his work area. Gabour claimed Hyatt failed to take any action after he complained.

DEFENDANT'S CONTENTIONS:
Hyatt contended that Gabour was denied promotions because he was not the most qualified applicant and his employment was terminated because he refused to take coaching and advice to improve his sales performance.

Hyatt denied that Gabour was ever subjected to racist or sexual conduct or retaliated against for complaining to his supervisors.

Result

Judge John A. Mendez granted Hyatt's motion for summary judgment. The court found that each of Hyatt's employment decisions was motivated by a legitimate non-discriminatory reason and Gabour had not presented any evidence that his protected statuses motivated the decisions; Gabour failed to present sufficient evidence that he was subjected to severe or pervasive conduct due to his race, national origin or sex and that Hyatt failed to take corrective action; and there was no evidence that Hyatt retaliated against Gabour for his alleged complaints.