Jose R. LIMA, Plaintiff-Appellant, v. ADECCO AND/OR PLATFORM LEARNING, INC., Defendant-Appellee, 375 F. App'x 54

SUMMARY ORDER Plaintiff-appellant Jose Lima (“plaintiff” or “Lima”), pro se, appeals from the District Court’s order granting

summary judgment in favor of defendant-appellee Adecco and dismissing his complaint against Platform Learning, Inc. (“Platform”), in his action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. We assume the parties’ familiarity with the remaining facts, procedural history, and issues on appeal. We review de novo the District Court’s decision to grant

summary judgment and, in the course of that review, we resolve ambiguities and draw all permissible factual inferences in favor of the nonmoving party. See, e.g., Holcomb v. Iona Coll., 521 F.3d 130, 137 (2d Cir.2008); Nationwide Life Ins. Co. v. Bankers Leasing Ass’n, 182 F.3d 157,160 (2d Cir.1999). We will affirm the grant of

summary judgment by the District Court if the record indicates that “there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Pilgrim v. Luther, 571 F.3d 201, 204 (2d Cir.2009) (internal quotation marks omitted). In the course of our evaluation, we afford plaintiff the “special latitude” that we give to pro se plaintiffs, see, e.g., Moates v. Barkley, 147 F.3d 207, 209 (2d Cir.1998).

After conducting an independent review of the record and case law, substantially for the same reasons stated by the District Court, we conclude that Adecco cannot be considered plaintiffs employer under the “single employer” doctrine. See Arculeo v. On-Site Sales & Mktg., LLC, 425 F.3d 193, 198 (2d Cir.2005). We also agree with the District Court that even if Adecco and Platform could be considered a “joint employer,” Adecco could not be held liable to plaintiff based on that legal theory because there is no evidence that Adecco either knew or should have known about any of the alleged discrimination.

See generally AT&T v. NLRB, 67 F.3d 446, 451 (2d Cir.1995). Further, the record is replete with evidence of legitimate, non-discriminatory reasons for each of the employment actions taken with respect to Lima. Accordingly, we conclude that the District Court properly granted

summary judgment in favor of Adecco. The District Court dismissed plaintiffs claims against Platform for failure to effect service of process. As noted above, however, the record also establishes that there wese legitimate, nondiscriminatory, and unrebutted reasons for plaintiffs termination. We may affirm on any basis supported by the record, and we therefore hold that the judgment in Platform’s favor was properly entered because a rational trier of fact could not conclude, based on this record, that Platform violated Title VII by terminating plaintiff.

CONCLUSION We have considered each of plaintiffs arguments on appeal and find them to be without merit. For the reasons stated above, we AFFIRM the judgment of the District Court.