MEMORANDUM AND ORDER Plaintiff Jeffrey Lax brings the instant action against his former employer, the City University of New York (“CUNY”) and Stuart Suss (collectively, “Defendants”) asserting claims for retaliation, discrimination, and hostile work environment under Title VII of the Civil Rights Act of 1964 (“Title VII”); 42 U.S.C. §1983; New York State Human Rights Law ( “NYSHRL”); and New York City Human Rights Law (“NYCHRL”). Defendants move pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on all claims. UNDISPUTED FACTS1 Plaintiff, who identifies as an “Orthodox, obvious, or outward Jew” began his employment with CUNY in September 2004 as an Assistant Professor at Kingsborough Community College (“Kingsborough”). (Pl.’s Resp. Rule 56.1 Statement (“Pl.’s Resp. 56.1″)
1-3, ECF No. 41.) Plaintiff obtained tenure at Kingsborough in 2009. (Id. 3.) In May 2010, Plaintiff was promoted to associate professor in Kingsborough’s Business Department. (Id. 4.) Later, in January 2011, Plaintiff was appointed chair of that department. (Id. 10.) Suss was vice president of academic affairs and provost at Kingsborough from 1999 through his retirement in September 2015, except for a brief period from September 2013 through July 2014, during which time he served as Interim Acting President. (Id. 5.) In early 2013, Plaintiff sought a promotion from associate professor to professor. (Id. 40.) Faculty promotions at Kingsborough proceed through two Personnel and Budget (“P&B”) Committees and a Sub-Committee on Promotion (“Review Subcommittee”). (Id. 34.) The first P&B Committee is the Department Level P&B Committee, which is comprised of departmental faculty members and chaired by the department chair. (Id. 35.) The second P&B Committee is the College-Wide P&B Committee, which is comprised of all Kingsborough department chairs as well as the provost, and typically includes approximately 15 members. (Id. 36.) The Department Level P&B Committee reviews applicant materials and makes a recommendation to the Review Subcommittee, which in turn makes a recommendation to the College-Wide P&B Committee. (Id. 37.) The College-Wide P&B Committee then reviews the recommendation and the applicant’s file, and votes on promotion. (Id. 38.) As department chair, Plaintiff served on both the Departmental Level and College-Wide P&B Committees. (Id. 39.) On May 23, 2013, the College-Wide P&B Committee held votes on the candidacy of fourteen associate professors, including Plaintiff. (Id.
