Summary judgment granted in part in age discrimination case

Depending on the facts involved, a plaintiff asserting unlawful discrimination can allege an unfavorable action (termination, failure to promote, etc.), retaliation and harassment.  In this case the plaintiff claimed all three, and Defendant sought summary judgment as to all three.  In his report and recommendation on the motion, attached, Judge Payne recommended that it be granted as to two of the claims, and denied as to the third, writing that