Vogel v. Ca, Inc. (44 F. Supp. 3d 207, 2014)

MEMORANDUM OF DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DM. # 32]

VANESSA L. BRYANT, District Judge.

I. Introduction

The Plaintiff, Howard Vogel (“Vogel”), brings this employment discrimination action against Defendant CA, Inc. (“CA”) for alleged race and national origin discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Connecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-60 et seq., as well as for retaliation pursuant to both statutes. Currently pending before the Court is .the Defendant’s Motion for Summary Judgment. For the reasons that follow, the Defendant’s Motion for Summary Judgment is GRANTED.

II. Factual Background

The following facts relevant to the Defendant’s Motion for Summary Judgment are undisputed unless otherwise noted. The Court notes that the Plaintiff has admitted to many of these facts even though they are not fully supported by the record to which the Defendant has cited in its Local Rule 56(a)l Statement. “Facts admitted in an answer, as in any pleading, are judicial admissions that bind the defendant throughout th[e] litigation.” Crawford v. Franklin Credit Mgmt. Corp., 758 F.3d 473 (2d Cir.2014) (citation omitted). Likewise, admissions in a counter-statement of material fact constitute judicial admissions to which a party is bound. Setevage v. Dep’t of Homeland Sec., 539 Fed.Appx. 11, 13 (2d Cir.2013). Moreover, where the Plaintiff has failed to deny an asserted fact that is supported by record evidence, that fact is deemed to be admitted. D. Conn. L. Civ. R. 56(a)1 (“All material facts set forth in [a moving party’s 56(a)l] statement and supported by the evidence will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party.”); SEC v. Global Telecom Servs. L.L.C., 325 F.Supp.2d 94, 109 (D.Conn. 2004); Knight v. Hartford Police Dep’t, 3:04CV969 (PCD), 2006 WL 1438649 (D.Conn. May 22, 2006).

CA is a multi-national corporation that designs, develops, and licenses computer software products and services to support such products. [Dkt. 36, CA 56(a)l Stmt. ¶ 1]. Jack Kudale, a Senior Vice President at CA of Indian national origin, hired Mr. Vogel in October 2005. [Id. at ¶ 3], Vo-gel’s employment was at all times at-will. [Id. at ¶ 4], Vogel reported to Mr. Kudale for his first-.two years of employment with CA in various roles in the sales and marketing departments and viewed him as a mentor. [Id. at ¶¶ 5, 6].

In early 2008, at Mr. Kudale’s suggestion, Vogel transferred laterally into a project-based role in the Company’s Aliances Division. [Id. at ¶ 7], When that project ended in late 2009, Vogel accepted a role as an Account Director in CA’s newly created India Service Provider team in October 2009, again at Mr. Kudale’s suggestion. [Id. at ¶¶ 8-9]. The India Service Provider team was a sales team situated in the Direct Sales cost center of CA created by Dennis Kozak, Senior Vice President, Global Service Providers, to more effectively collaborate with the six largest India-based software service providers with which CA partnered to sell software [Id. at ¶¶ 10-13]. Dennis Kozak initially managed the team, which he staffed by pairing four U.S.-based Account Directors with India-based CA counterparts and matching a U.S.-based team and an India-based team to work with each of the India service providers. [Id. at ¶ 14]. Vogel and his India counterparts were assigned to work with the Tech Mahindra/Mahindra Satyam, or TM/MS company.' [Id. at ¶ 15]. CA’s three other U.S.-based Account Directors were Blain Johnson, Robert DeSilva, and Harvey Brill, who are each white and non-Indian. [Id. at ¶ 16]. Rounding out the team was a junior Account Manager, Atul Salmi, who is Indian, and who worked with Harvey Brill on his accounts. [Id. at ¶ 17].

The primary responsibilities of the Account Directors who comprised the India Service Provider team were to: (1) enter into transactions where the service provider facilitates a customer purchase of a CA product for the customer’s own internal use (“selling with”); (2) sell to the service provider for the service provider’s own internal use (“selling to”); and (3) enter into transactions where the service provider purchases, implements, and manages the CA product as part of a unique managed service or solution provided to one or more of the service provider’s clients (“selling through”). [Id. at ¶ 18]. Perl-man further testified that, to “build a pipeline,” account directors would identify opportunities where a partner could add value, manage relationships between the team and the partner, formulate joint business plans, and run marketing events. [Id. at ¶ 19; dkt. 33-3, Perlman Depo. 43:8-44:3]. Building a pipeline also involved building and maintaining relationships with key executives and decision-makers, identifying new and expanded sales opportunities, and then ultimately negotiating and closing those sales opportunities. [Id. at ¶ 20].

The Account Director had a sales quota and could qualify for incentive compensation (sales commissions) paid on closed sales. [Dkt. 36, CA 56(a)l Stmt. ¶21]. On October 1, 2009, when he joined the India Service Provider team, Vogel received his Incentive Compensation Schedule as an Account Director, for the period of April 1, 2009 through March 31, 2010, the remainder of CA’s fiscal year 2010, which set forth Vogel’s sales quota for the remainder of this term. [Id. at ¶¶ 22-23]. This document set Vogel’s sales quota at $3 million for the six month period. [Id. at ¶ 24].

In January 2010 Steven Perlman took over full-time management of the India Service Provider team. [Id. at ¶ 25]. Both parties agree that, in the same month, Vogel told Perlman that the Account Director role was not what he had anticipated when he initially took it. Perl-man told Vogel to take some time to consider whether he wanted to continue in the Account Director role or whether he wanted to transfer to another position; Vogel did so and reported back to Perlman that he wanted to continue in the Account Director role. [Id. at ¶¶ 26-27].

One month later, in February 2010, Vo-gel sent an email complaint to CA’s Human Resources internet-based hotline. [Id. at ¶ 28]. In that complaint, Vogel described his concern that the “strategic part of [his] role was disappearing for a straight sales role,” which was not the role he had initially discussed with Perlman, and that Perlman had shifted some of the strategic role to the team members based in India. [Id. at ¶¶ 28-29]. A human resources representative contacted Perlman to investigate the Plaintiffs complaint, and Perlman told the representative that he would follow up with Vogel to ensure that Vogel was clear as to his job responsibilities. [Id. at ¶ 30].

The parties do not, however, agree on the scope of Vogel’s complaint. Defendant CA has submitted Steven Perlman’s deposition testimony, during which Perlman testified that the conversation he had with the human resources representative related solely to Vogel’s complaint that he was confused as to what his role was and wanted more clarity as to his responsibilities on the India team, and that Perlman further testified that he did not remember ever learning from anyone that Vogel had complained that Perlman’s decisions were based on race or that he had commented that Vogel did not “work or play well with the guys in India.” [Id. at ¶¶ 30-32; Dkt. 33-3 Perlman Depo. 47:22—48:3].

The Plaintiff, however, maintains that the shift in his role was due to race. Vogel testified that he told the Human Resources professional who contacted him that his “responsibilities were being stripped from [him]” and that he was not confused about his job responsibilities. [Dkt. 39-2, Vogel 56(a)2 Stmnt. ¶29]. When asked at his deposition whether he spoke with the Human Resources representative about gathering an understanding of what his job responsibilities would be moving forward, Vogel responded “[n]o. At that time, I believe I had a clear understanding of what I was hired to do.” [Id.]. Vogel also testified that he complained to Human Resources that “one of the determining factors [of his role on the team] was based on the fact that [he] was not Indian.” [Id.; Dkt. 39-2 Vogel Depo. 85:1-11]. The Plaintiff has submitted an email from Human Resources representative Robin Grady to another CA employee, memorializing the notes from her conversations with Vo-gel and Perlman regarding Vogel’s complaint. Grady noted that Vogel submitted his complaint and that it was assigned to her, and that his complaint stated as follows:

I believe that one of the factors in the definition of my role within CA is being decided based on race. I am currently the AD for two Indian partners. It has been discussed that the Indian partners would rather deal with people of Indian decent [sic]. We recently built out an organization in India to work with these same partners. The partners have expressed no issues with my communication or performance and have asked to continue to work with me for North/ South America sales. Now a portion of my responsibilities are being moved to CA Indian resources in India. I am currently the only white resource in my role with the Indian partners in the U.S. or India that is not senior management.

[Dkt. 39-2, Vogel 56(a)2 Stmnt. ¶ 29; Dkt. 39-4, Grady email, p. 24/66]. Grady further noted that she spoke with Mr. Perl-man after having spoken to the Plaintiff, and noted as follows:

Steve was also upset by Howard’s accusation that decisions were being made based on race. Yes, the Indian partners live in India. Howard is the only white person on the team and happens to live in the US. Steve is unclear about where this perception is coming from.

[Dkt. 39-2, Vogel 56(a)2 Stmnt. ¶ 29; Dkt. 39-4, Grady email, pp. 24-25/66].

Both parties agree that Perlman immediately spoke with Vogel after speaking with the Human Resources representative and “address[ed] his concerns.” [Dkt. 36, CA 56(a)l Stmt. ¶ 34]. Vogel testified that this conversation focused on Perlman “disclosing on the community calls as we discussed that he would be saying that all the strategic responsibility would come back to me.” [Dkt. 39-3 Vogel Depo. 102:5-9]. Vogel then reported to the human resources representative that his conversation with Perlman went well and that he considered the issue “closed.” [Dkt. 36, CA 56(a)l Stmt. ¶ 35]. None of the other Account Directors complained about a lack of clarity in their roles or about any racial bias. [Dkt. 36, CA 56(a)l Stmt. ¶ 36].

As of March 31, 2010, the end of CA’s fiscal year and after six months in the Account Director role, Vogel had not made any commissionable sales against his $3 million sales quota. [Id at ¶ 37]. In April 2010 Perlman prepared Vogel’s performance evaluation for fiscal year 2010, in which Perlman rated Vogel’s overall .performance as “Partially Achieved Expected Results.” [Id at ¶ 38]. Perlman memorialized his concern that Vogel had failed to close any business with TM/MS in fiscal year 2010 as follows:

[While Vogel demonstrated] excellent approach to build a long-term sustainable business model ... short-term success need [sic] to be realized. Sales is success driven and is a numbers game. The ability to close business on a regular basis is critical to be ultimately successful in sales and there has been virtually no business driven with either Tech Ma-hindra or Mahindra Satyam.

[Id at ¶¶ 39-40; dkt. 33-5, Eval. p. 4]. Perlman further noted that Vogel would not be successful in his sales job if he did not start driving business with TM/MS and start demonstrating the ability to engage his partners by identifying opportunities and “assisting] in the nurturing of the sales process from inception to closure.” [Id. at ¶ 41]. Perlman concluded that Vo-gel needed to create and drive pipeline opportunities immediately. [Id at ¶42].

In April 2010 Perlman—with the Plaintiffs input—set Vogel’s sales quota for fiscal year 2011 at $5 million. [Id. at ¶ 45]. This quota was $1 million less than Vogel’s quota from fiscal year 2010, which was $3 million for the six month time period between October 2009 and March 2010, or $6 million annualized. [Id.]. Vogel had suggested that his fiscal year 2011 sales quota be set at $4 million, a $1 million increase from his six month quota in fiscal year 2010. [Id. at ¶ 46].

In addition to the annual performance evaluation conducted in April, Perlman regularly counseled Vogel about his sales goals, which typically involved a discussion of Plaintiffs sales pipeline, which is a common sales metaphor to visualize sales prospects. [Id. at ¶¶ 47-48]. New sales opportunities are put into the pipeline and work their way through until they materialize into purchase orders, or drop out along the way as disqualified leads. [Id. at ¶ 48]. Generally, Account Directors must have at least three times their sales quota in their pipeline in order to stay on track to meet their quota. [Id. at ¶49]. The parties disagree as to whether Vogel’s pipeline was sufficiently developed to be on track to meet his quota. Perlman, who has submitted an affidavit in support of summary judgment, attests that Vogel’s pipeline did not contain three times his sales quota and that he offered Vogel help, made suggestions about actions he could take, and regularly discussed options with him about growing his pipeline. [Id. at ¶ 49; Dkt. 35, Perlman Aff. ¶ 9], Vogel, on the other hand, denies that his pipeline numbers were not tracking. In support, he cites to his deposition testimony that, at some point in time not distinguished in the transcript, “the pipeline was way up above my quota, many times my quota with [a particular deal]. Once that deal disintegrated, then the pipeline went down.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶49]. Vogel also denies that Perlman offered him help, instead recounting that he had

asked [Perlman] on several occasions to help me. On several of the occasions, he just made fun of me. He would tell me what a terrible job I was doing____And I explained to him that that is not helpful. If there are things that I am not doing in relation to selling these deals, I’m happy to do that. And he would laugh at me. He would tell me that I should call the other members of our team to find out what they were doing. One time he said, you’re a professional; you figure it out. His demeanor was non-helpful. It was actually more hurtful. It was very hostile.

[Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 49; Dkt. 39-3, Vogel Depo. 149:14-150:5].

The parties agree that Perlman held weekly calls with Vogel and the rest of the TM/MS team in India, during some of which Perlman heard Vogel speak in a dismissive, condescending, and often combative manner to the team members in India. [Dkt. 36, CA 56(a)l Stmt. ¶ 50]. Vogel admitted that interactions with the TM/MS team in India were contentious. He testified that “some of the meetings ended in heated discussions” in which “all four participants were engaged in heated discussion.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 50]. The parties agree that, as part of his management responsibilities, Perlman counseled Vogel that he needed to interact with and work in a more professional manner with the team in India. [Dkt. 36, CA 56(a)l Stmt. ¶ 51].

By July 2010 Vogel still had not closed any sales that counted toward his quota. [Dkt. 36, CA 56(a)l Stmt. ¶ 52]. As a result, and after meeting with Vogel, on July 29, 2010, Perlman put Vogel on a thirty day Pre-Performance Improvement Plan (“Pre-PIP”) to provide him with written direction to detail the expectations of and set performance metrics for Vogel’s role. [Dkt. 36, CA 56(a)! Stmt. ¶¶ 53-54], Perlman notified Vogel that he would be monitoring Vogel’s performance over the course of the following thirty days and, if Vogel had not achieved the goals set forth in the Pre-PIP, he would be put on a formal Performance Improvement Plan. [Id. at ¶ 54]. Perlman sent the Pre-PIP document via email to Vogel on July 29, 2010 and assured Plaintiff that he was “[h]ere as a resource for you to help you achieve the above requirements. Please let me know how I can be of assistance to you.” [Id. at ¶ 55]. The Plaintiff contends that Perlman understood this Pre-PIP to be unachievable, but has failed to support this assertion with reliable supporting evidence in the record. Plaintiff has cited to his own deposition testimony as follows:

Vogel: I asked about these things. And when I looked through the quotas and told him that, you know, even though we had some pipeline and this pipeline comes after the Meteorcomm deal was removed from the table, because the pipeline was way up above my quota, many times my quota with that deal. Once that deal disintegrated, then the pipeline went down. That’s where this number comes from. And I brought all that up to her. They told me it was irrelevant. That this is the performance plan. I told them I didn’t think that some of the things in here were achievable. And they said they understood that this is not achievable, but it’s based on best effort and Steve will be the determining factor of whether you’ve given enough effort to do this particular job.

[Dkt. 39-2, P’s 56(a)2 stmnt. ¶ 55; Dkt. 39-3, Vogel Depo. 143:3-17, ecf. P.35]. It is entirely unclear from the deposition testimony, however, to whom Vogel was speaking or at what point in his employment with the India Services team, as Vogel has not provided the Court with the context of this testimony. It also is unclear whether Vogel was involved in a conversation regarding the Pre-PIP or a subsequent Performance Improvement Plan.

The parties agree that Perlman met with Vogel on August 27, 2010 to discuss his performance against the Pre-PIP requirements. [Dkt. 36, CA 56(a)l Stmt. ¶ 56]. Perlman affirms that Vogel had made no progress against the Pre-PIP goals and offered no explanation for his lack of progress. [Id.]. Vogel, on the other hand, denies that he offered no explanation (but admits that he made no progress) and credits the tentative business nature of the client and the lack of prior relationship with CA as the reasons for his low sales, concerns he raised with Perlman in an email sent on July 30, 2010. [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 55]. Vogel testified that his pipeline was “way up above” his quota at some point but when a major deal “disintegrated, then the pipeline went down.” [id]. It is unclear from this testimony, however, when the deal disintegrated or at what point the pipeline was well above Vogel’s quota. The parties agree that Perlman chose not to put Vogel on a Performance Improvement Plan (“PIP”) immediately, but rather allowed him two extra months to continue to work on the Pre-PIP goals. [Dkt. 36, CA 56(a)l Stmt. ¶ 57].

As of September 2010, Vogel was still underperforming both in absolute and on comparative terms. Unlike the other Caucasian Account Directors, Vogel had not made a single sale that counted toward his quota. [Dkt. 36, CA 56(a)! Stmt. ¶ 58; Dkt. 39-2, P’s 56(a)2 Stmt. ¶58]. Vogel testified, though, that “there was software sold that I was a part of that was never credited to me;” however, Plaintiff concedes that these sales “were not credited to me based on their requirement that they weren’t high enough.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 58]. As of September 17, 2010, Vogel had closed zero sales attributable to his quota, Mr. Johnson had closed over $2.5 million in sales toward his quota, Mr. DeSilva had closed $271,000 in sales, and Mr. Brill and Mr. Sahni had each closed over $575,000 in sales. [Dkt. 36, CA 56(a)l Stmt. ¶ 59], Further, Vo-gel’s pipeline was $1,707,000, a fraction of the $15 million generally necessary to meet his $5 million quota. [Id. at ¶ 60]. A month later, in October 2010, Vogel’s sales remained at zero while Johnson’s, DeSil-va’s, Brill’s, and Sahni’s each increased; Johnson’s to $3.3 million, DeSilva’s to almost $400,000, and Brill’s and Sahni’s to a bit over $1 million. [Id. at ¶ 61].

As a consequence, on October 12, 2010 Perlman placed Vogel on a sixty-day Performance Improvement Plan after meeting with him in person to discuss it. [Dkt. 36, CA 56(a)l Stmt. ¶¶ 63, 65; dkt. 33-8, PIP p. 2/5]. The parties agree that the purpose of a PIP is to clearly detail job responsibilities and expectations with the hope that employees use the information to improve and succeed. [Dkt. 36, CA 56(a)l Stmt. ¶ 64]. The PIP addressed Vogel’s continued failure to meet the performance requirements of his job and set forth performance requirements and goals that Vogel was expected to meet over the next sixty days. [Id. at ¶ 66]. The PIP focused on three performance requirements: Overall Revenue Attainment; Sales Pipeline; and Sales Activity, and required that Vogel achieve a pro-rated portion (l/12th) of his quota for each month of the PIP, add at least eight new opportunities to his pipeline, and increase his sale activity. [Id. at ¶ 67]. The PIP noted that Vogel “continue[d] to demonstrate a reluctance to meet with customers, partners or CA Technologies direct sales team members.” [Id. at ¶ 68]. It also set out the requirement that Vogel was to increase sales activity to capture new contacts and new opportunities by, inter alia, establishing a schedule and conducting an average of eight to ten customer meetings per week. [Id. at ¶ 69].

As of December 14, 2010, the end of the PIP period, Vogel still had not made any sales toward his $5 million quota. [Dkt. 36, CA 56(a)l Stmt. ¶ 70], In addition, his performance deteriorated rather than improved. Vogel’s pipeline had decreased by 75%, from $1.7 million in value, when Perl-man began the performance management process, to $447,000. [Id. at ¶ 70]. In comparison, Vogel’s white colleagues who were not of Indian descent had made sales. Mr. Johnson had made $3,111,842 in sales; Mr. DeSilva made $389,335 in sales; and Mr. Brill and Mr. Sahni made $1,038,954 in sales. [Id. at ¶ 71].

Vogel contends that his sales goals were unattainable and that Perlman understood, citing again to the portion of his deposition testimony stating that he did not think that “some of the things in the [performance plan] were achievable,” to which “they said they understand that this is not achievable, but it’s based on best effort and Steve will be the determining factor of whether you’ve given enough effort to do this particular job.” [Dkt. 39-2, P’s 56(a)2 Stmt, disputed issue ¶ 5; Dkt. 39-3, Vogel Depo. 143:10-17]. This testimony is entirely unclear as to with whom Mr. Vogel was conversing, when, and as to which performance plan the conversation referred.

Perlman made the decision to terminate the Plaintiffs employment and, on December 20, 2010, notified Vogel of this decision and of the decision to pay Vogel through December 31, 2010. [Dkt. 36, CA 56(a)l Stmt. ¶¶ 72-73]. Perlman drafted a Termination Memo to Vogel’s personnel file on December 20, 2010, explaining that Vo-gel’s termination was a result of his failure to meet the PIP performance require-ménts and significantly improve his performance within the sixty-day PIP period, and failure to make sales. [Id. at ¶ 74; Dkt. 35-4, Termination Memo. p. 5/5].

Perlman recommended, and CA hired, Raymond Cadden, an internal CA applicant who is Caucasian and non-Indian, to replace Vogel as Account Director working with TM/MS. [Dkt. 36, CA 56(a)l Stmt. ¶¶ 75-76]. When Account Director Blain Johnson transferred off of Perlman’s team after Vogel had also left, Perlman hired another Caucasian, non-Indian man to replace him. [Dkt. 36, CA 56(a)l Stmt. ¶ 78].

Vogel maintains that summary judgment is inappropriate because significant questions of material fact remain as to whether his job duties changed due to his race and/or national origin and whether he was terminated not due to his sales performance, but because of his race and/or national origin and because Perlman was retaliating against him for making a complaint to CA’s Human Resources Department. Vogel has identified two comments underlying his claim of race and/or national origin discrimination. First, Plaintiff testified that, apparently before he began working for the India Service Provider team,

When I first talked to Dennis Kozak, he described the way he wanted to build the [India Service Provider] team, having a separate India team because he felt that Indians would rather deal with Indians. So he wanted to have an Indian contingent and a U.S. contingent. Those two sales divisions report to one sales executive here.

[Dkt. 39-2, P’s 56(a)2 Stmt. Disputed Fact ¶ 1; dkt. 39-3, Vogel Depo. 82:15-20, ecf 18/62], Second, Vogel testified that, after he began working for Steven Perlman, Perlman told Vogel that he did not “work and play well with the guys in India.” [Dkt. 39-2, P’s 56(a)2 Stmt. Disputed Fact ¶ 2; dkt. 39-3, Vogel Depo. 64:19-20, ecf 10/62],

He also alleges that the strategic portion of his job was diminished based on his race and/or national origin, or because he had previously lodged a complaint with human resources. He testified that Perlman “moved responsibility from things that were initially on my plate to others” partially because “they would rather have Indians dealing with Indians in the sales capacity.” [Dkt. 39-3, Vogel Depo. 173:5-12], Vogel has not provided any support for the statement that Perlman preferred to have Indians working with other Indians on sales other than his own deposition testimony. Vogel also testified that two of his India-based team members were having meetings with TM/MS executives to which he was not apprised or invited, but has not cited to any evidence in the record demonstrating that Perlman was responsible for Vogel’s absence from the meetings or that the India-based team members were either acting under Perlman’s orders or that they had any discriminatory animus. [Dkt. 39-3, Vogel Depo. 173:5-12].

Vogel testified that Perlman’s hostility toward him began after Vogel complained to Human Resources “the first time,” “[a]nd then it got progressively worse from that day to when I was terminated.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 74; dkt. 39-3, Vogel Depo. 211:4—212:7]. He further attested that “from the first HR event to my termination was when the hostility [from Perlman] started to get out of control .... [E]very bit of my performance was scrutinized at a level that was beyond what he would do with anybody else ...” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 74; dkt. 39-3, Vogel Depo. 179:17-180:7]. Vogel has not explained the basis of his knowledge as to how Perlman treated the other Account Directors or India team members. Moreover, Vogel has attested that Perlman gave him back his strategic job responsibilities after he complained to human resources but, a few weeks later, “they gave me a new job description taking the same exact responsibility that he took away and gave back away for good with a new job description.” [Dkt. 39-3, Vogel Depo. 127:2-9]. In his response to Defendant CA’s interrogatory regarding admissions, Vogel responded that Perlman admitted during a telephone conference around February 2010 at which Perlman’s “entire team” was present that he “rem'oved my strategic responsibility after I spoke with HR the first time. He then had to have a community call in which he stated he was giving me the responsibility back, but then he removed it again.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 74; dkt. 39-4, Interrogatory 12 Response, ecf p. 14/66]. He also testified that, during a meeting with Perlman and a human resources executive .to discuss the implementation of Vogel’s performance improvement measures, Perlman “brought up in this meeting that he didn’t want me on his team.... He said I don’t want him on my team. He’s not doing well.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 74; dkt. 39-3, Vo-gel Depo. 143].

Plaintiff also maintains—and the Defendant disagrees—that Perlman retaliated against him for making the complaint to Human Resources by subsequently setting him up to fail by giving him goals even Perlman believed to be unachievable. Vo-gel cites to his deposition testimony that

even in my conversation with Karen Mangione on my exit, when they put me on a performance plan, they knew these numbers were unachievable. And Karen even went on in the final performance plan meeting, the one that we had in New York City, to say that they knew that this was unachievable and that my continued employment would be determined based on best effort which would be determined by Steve after he had said in the past that he wanted me removed from his team and was acting in a hostile way to me throughout my employment from this performance review to the point in which I was terminated.

[Dkt. 39-2, P’s 56(a)2 Stmt, disputed issue ¶ 5; Dkt. 39-3, Vogel Depo. 118:9-20]. The Plaintiff has not included any testimony or affidavit from Ms. Mangione or anyone else tending to establish that Perlman believed the goals set for Vogel were unachievable, and has not clarified to whom the term “they” referred. Vogel testified in his deposition that, during one of the meetings to discuss his performance plan he stated that he thought some of the things in the [performance plan] were achievable and that a person whom he fails to identify said they understood that they were not achievable, but that the assessment of his performance would be based on best effort and Steve will be the determining factor of whether he had made a sufficient effort to do this particular job. [Dkt. 39-2, P’s 56(a)2 Stmt, disputed issue ¶ 5; Dkt. 39-3, Vogel Depo. 143:10-17]. Thus, Vogel acknowledges that his performance would not be measured by his achievement of the sales goal alone, but also by his efforts toward achieving the goal.

Vogel attempts to buttress his claims with other statements which he attributes to third parties, but he does not offer support with affidavits or other admissible evidence. ■ He testified that several CA employees had notified him that Perlman did not want Vogel “on his team after the first HR event.” [Dkt. 39-2, P’s 56(a)2 Stmt. ¶ 74; dkt. 39-3, Vogel Depo. 81:1-10]. Vogel also attested that an India-based team member “told me that he was instructed by Steve to take some of [Vo-gel’s strategic responsibilities] away and run with them,” thus moving Vogel’s strategic role to his counterparts in India. [Dkt. 39-3, Vogel Depo. 78:2-17]. Vogel testified that the executives from TM/MS in India reported to him that they were receiving information from Perlman that conflicted with information from Vogel, and that these same executives told Vogel that Perlman had “bad mouthed” him. [Dkt. 39-3, Vogel Depo. 79-80]. Vogel has not supported any of these assertions with an affidavit or other admissible evidence from the person who allegedly made the statement to him. Finally, Vogel does not contend when Perlman allegedly made these statements, much less what, if any, reason Perlman gave for making them. Therefore, Vogel has offered no evidence tending to establish that any of the statements, if made, were made because of Vogel’s race or ethnicity, as opposed to Perlman’s reaction to Vogel’s reticence to accept the position, Vogel’s poor sales performance, or Perlman’s perception of Vo-gel’s communications skills.

III. Legal Standard

Summary judgment should be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the burden of proving that no factual issues exist. Vivenzio v. City of Syracuse, 611 F.3d 98, 106 (2d Cir.2010). “In determining whether that burden has been met, the court is required to resolve all ambiguities and credit all factual inferences that could be drawn in favor of the party against whom summary judgment is sought.” Id. (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). “If there is any evidence in the record that could reasonably support a jury’s verdict for the nonmoving party, summary judgment must be denied.” Am. Home Assurance Co. v. Hapag Lloyd Container Linie, GmbH, 446 F.3d 313, 315-16 (2d Cir.2006) (internal quotation marks and citation omitted).

“A party opposing summary judgment cannot defeat the motion by relying on the allegations in his pleading, or on conclusory statements, or on mere assertions that affidavits supporting the motion are not credible. At the summary judgment stage of the proceeding, Plaintiffs are required to present admissible evidence in support of their allegations; allegations alone, without evidence to back them up, are not sufficient.” Welch-Rubin v. Sandals Corp., No. 3:03cv481, 2004 WL 2472280, at *1 (D.Conn. Oct. 20, 2004) (internal quotation marks and citations omitted); Martinez v. State of Connecticut, 817 F.Supp.2d 28, 37-38 (D.Conn.2011). “[0]nly admissible evidence need be considered by the trial court in ruling on a motion for summary judgment, and a district court deciding a summary judgment motion has broad discretion in choosing whether to admit evidence.” Porter v. Quarantillo, 722 F.3d 94, 97 (2d Cir.2013), citing Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244, 264 (2d Cir.2009). Where there is no evidence upon which a jury could properly proceed to find a verdict for the party producing it and upon whom the onus of proof is imposed, such as where the evidence offered consists of conclusory assertions without further support in the record, summary judgment may lie. Fincher v. Depository Trust and Clearing Corp., 604 F.3d 712 (2d Cir.2010).

IV. Analysis

a. Title VII Race and National Origin Discrimination

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to fail or refuse to hire any individual or to discharge any individual ... because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). Race and national origin discrimination claims under Title VII of the Civil Rights Act of 1964 are analyzed under the three-step burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Men of Color Helping All Soc., Inc. v. City of Buffalo, 529 Fed.Appx. 20, 26 (2d Cir.2013); Ruiz v. Cnty. of Rockland, 609 F.3d 486, 491 (2d Cir.2010). Under this framework, a plaintiff establishes a prima facie case of intentional discrimination by showing that “(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment action; and (4) the adverse action took place under circumstances giving rise to the inference of discrimination.” Ruiz, 609 F.3d at 492. The burden upon the plaintiff to prove a prima facie case is minimal. Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 93, 101 (2d Cir.2001). See also Woodman v. WWOR-TV, Inc., 411 F.3d 69, 76 (2d Cir.2005) (“We have characterized plaintiffs prima facie burden as ‘minimal’ and ‘de minimis.’ ”). However, “[a] plaintiff cannot establish a prima facie case based on ‘purely conclusory allegations of discrimination, absent any concrete particulars.’ ” Ruszkowski v. Kaleida Health Sys., 422 Fed.Appx. 58, 60 (2d Cir.2011) (quoting Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.1985)).

“If the plaintiff establishes a prima facie case of discrimination, the burden shifts to the employer to come forward with a legitimate, nondiscriminatory reason for the adverse employment action. If the employer does so, the burden then returns to the plaintiff to demonstrate that race was the real reason for the employer’s adverse action.” Men of Color Helping All Soc., Inc., 529 Fed.Appx. at 26 (quoting Reynolds v. Barrett, 685 F.3d 193, 202 (2d Cir.2012)). “[A] reason cannot be proved to be a pretext for discrimination unless it is shown both that the reason was false, and that discrimination was the real reason.” St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 515, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993) (emphasis in original). In sum, “[t]he plaintiff must produce not simply some evidence, but sufficient evidence to support a rational finding that the legitimate, non-discriminatory reasons proffered by the defendant were false, and that more likely than not discrimination was the real reason for the employment action.” Weinstock v. Columbia Univ., 224 F.3d 33, 42 (2d Cir.2000) (internal quotation marks and citation omitted). “Importantly, ‘[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.’ ” Reynolds, 685 F.3d at 202 (quoting Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)).

The Defendant argues that summary judgment must be granted in its favor on Plaintiff’s race and national origin discrimination claims because Vogel has failed to make out a prima facie case of discrimination based on his race or national origin and because, even if he has made out a prima facie case, he cannot demonstrate that CA’s legitimate, nondiscriminatory reason for terminating his employment, namely that he made no commissionable sales, was a pretext for discrimination,

i. Plaintiff’s Prima Facie Case of Race and National Origin Discrimination

The parties do not dispute that Vogel has made out the first three elements of his prima facie case as to the termination of his employment: that he is a member of a protected class, that he was qualified for the Account Director position he held, and that he suffered an adverse employment action in his termination. The parties dispute, though, whether Vogel’s termination took place under circumstances giving rise to the inference of discrimination. As to Vogel’s claim that the change in his job duties was a result of race and national origin discrimination, CA argues that a change in Vogel’s job description does not constitute an adverse employment action for purposes of his prima facie case, and that the shift in the focus of his job did not occur under circumstances giving rise to an inference of discrimination.

1. Inference of Discrimination

“It is well-settled that an inference of discriminatory intent may be derived from a variety of circumstances, including, but not limited to: ... ‘the employer’s criticism of the plaintiffs performance in ethnically degrading terms; or its invidious comments about others in the employee’s protected group; or the more favorable treatment of employees not in the protected group; or the sequence of events leading to the plaintiffs discharge.’ ” Ragin v. E. Ramapo Cent. Sch. Dist. 417 Fed. Appx. 81, 82 (2d Cir.2011) (quoting Leibowitz v. Cornell Univ., 584 F.3d 487, 502 (2d Cir.2009) and Chambers v. TRM Copy Centers Corp., 43 F.3d 29, 37 (2d Cir.1994)). It has long been recognized that “actions or remarks made by decision makers that could be viewed as reflecting a discriminatory animus” may “give rise to an inference of discriminatory motive.” See Chertkova v. Connecticut General Life Ins. Co., 92 F.3d 81, 91 (2d Cir.1996) (citing Ostrowski v. Atlantic Mut. Ins. Cos., 968 F.2d 171, 182 (2d Cir.1992)).

CA contends that no inference of discrimination can be drawn because (1) the two remarks made by Steven Perlman and Dennis Kozak and on which Vogel’s claims rest constitute stray remarks not connected with any discriminatory intent, (2) Steven Perlman, Vogel’s supervisor, is in the same protected class as the Plaintiff, (3) four of the five other members of the India Service Provider team in the United States, who had the same job responsibilities as Vogel, were white and non-Indian and did not complain of discriminatory conduct, nor was Vogel treated differently than any of the other five employees or those based in India; and (4) Perlman replaced Vogel with a white, non-Indian employee. Vogel contends that the totality of the circumstances indicate discriminatory intent.

Vogel’s claims of race and national origin discrimination are founded in two comments which, when viewed along with other circumstances of Vogel’s employment, Vogel asserts demonstrate discriminatory intent. Dennis Kozak, the found of the India Service Provider ■ team, uttered the first comment. Vogel testified that

When I first talked to Dennis Kozak, he described the way he wanted to build the [India Service Provider] team, having a separate India team because he felt that Indians would rather deal with Indians. So he wanted to have an Indian contingent and a U.S. contingent. Those two sales divisions report to one sales executive here.

[Dkt. 89-2, P’s 56(a)2 Stmt. Disputed Fact ¶ 1; dkt. 39-3, Vogel Depo. 82:15-20, ecf 18/62]. Second, Vogel testified that, after he began working for Steven Perlman, Perlman told Vogel that he did not “work and play well with the guys in India.” [Dkt. 39-2, P’s 56(a)2 Stmt. Disputed Fact ¶ 2; dkt. 39-3, Vogel Depo. 64:19-20, ecf 10/62]. Neither of these comments, however, demonstrates discriminatory intent either independently or viewed in the context of Vogel’s employment as a whole.

“Verbal comments constitute evidence of discriminatory motivation when a plaintiff demonstrates that a nexus exists between the allegedly discriminatory statements and a defendant’s decision to discharge the plaintiff.” Silver v. N. Shore Univ. Hosp., 490 F.Supp.2d 354, 362 (S.D.N.Y.2007). “Often, however, an employer will argue that a purportedly discriminatory comment is a mere ‘stray re-' mark’ that does not constitute evidence of discrimination.” Id. “Although courts have often used the term ‘stray remark’ to refer to comments that do not evince a discriminatory motive, the Second Circuit has found that the term ‘stray remark’ ‘represented an attempt—perhaps by oversimplified generalization—to explain that the more remote and oblique the remarks are in relation to the employer’s adverse action, the less they prove that the action was motivated by discrimination.’ ” Galimore v. City Univ. of New York Bronx Cmty. College, 641 F.Supp.2d 269, 284 (S.D.N.Y.2009) (quoting Tomassi v. Insignia Fin. Group, Inc., 478 F.3d 111, 115 (2d Cir.2007)).

“Accordingly, the task is not to categorize remarks ‘either as stray or not stray,’ and ‘disregard [remarks] if they fall into the stray category,’ but rather to assess the remarks’ ‘tendency to show that the decision-maker was motivated by assumptions or attitudes relating to the protected class.’ ” Id. (citation omitted). Courts have found the following factors relevant to such a determination: “(1) who made the remark (i.e., a decision-maker, a supervisor, or a low-level coworker); (2) when the remark was made in relation to the employment decision at issue; (3) the content of the remark (i.e., whether a reasonable juror could view the remark as discriminatory); and (4) the context in which the remark was made, i.e. (whether it was related to the decision-making process).” Henry v. Wyeth Pharm., Inc., 616 F.3d 134, 149 (2d Cir.2010); Silver, 490 F.Supp.2d at 363 (same). “In the absence of a clearly demonstrated nexus to an adverse employment action, stray workplace remarks are insufficient to defeat a summary judgment motion.” Almonord v. Kingsbrook Jewish Med. Ctr., No. 04-CV-4071(NGG), 2007 WL 2324961, at *9 (E.D.N.Y. Aug. 10, 2007) (citing Danzer v. Norden Sys., Inc., 151 F.3d 50, 56 (2d Cir.1998)).

Moreover, it is well established that “[s]tray remarks, even if made by a decision maker, do not constitute sufficient evidence [to support] a case of employment discrimination.” Danzer, 151 F.3d at 56; Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456, 468 (2d Cir.2001) (“[T]he stray remarks of a decisionmaker, without more, cannot prove a claim of employment discrimination”). “[R]emarks made by someone other than the person who made the decision adversely affecting the plaintiff may have little tendency to show that the decision-maker was motivated by the discriminatory sentiment expressed in the remark.” Johnson v. C. White & Son, Inc., 772 F.Supp.2d 408, 414 (D.Conn.2011) (quoting Tomassi, 478 F.3d at 115). See also Campbell v. Alliance Nat'l Inc., 107 F.Supp.2d 234, 247 (S.D.N.Y.2000) (“Stray remarks by non-decision-makers or by decision-makers unrelated to the decision process are rarely given great weight, particularly if they were made temporally remote from the date of the decision.”) (internal quotation marks and citation omitted). “When, however ..., other indicia of discrimination are properly presented, the remarks can no longer be deemed ‘stray,’ and the jury has a right to conclude that they bear a more ominous significance.” Danzer, 151 F.3d at 56.

Here, a reasonable juror could not find Kozak’s alleged statement that he felt that Indians would rather deal with Indians to be discriminatory in the context of Vogel’s claims. First, no evidence in the record demonstrates that Kozak was the Plaintiffs supervisor at the time he was terminated or at the time Perlman allegedly changed his job duties. Further, the evidence shows, and Vogel admits, that Kozak did not make the decision to terminate him. Although the Plaintiff contends that Dennis Kozak “was involved in the decision to terminate Plaintiff,” Vogel cites only to the testimony of Steven Perlman, who attested as follows:

Q. So am I correct that you had the authority to recommend that Mr. Vo-gel’s employment be terminated, but that you didn’t actually have the final say, if you will?

A. It was my recommendation and I did have the final say.

Q. Okay. In other words, did Mr. Ko-zak have to approve or agree with your recommendation in order for Mr. Vo-gel’s termination to go through or—

A. I spoke with him and received his guidance and he was in agreement with my recommendation.

[Dkt. 39-4, Vogel Depo. 14:8-21, ECF p. 58]. Thus, Perlman unilaterally made the decision to terminate Vogel and informed Kozak of his decision. The fact that Ko-zak did not dissuade Perlman does not make him the decisionmaker.

In addition, when asked to list all of the CA employees who Vogel believed to have discriminated against him on the basis of his race, Vogel attested that Kozak was not one of them. In his deposition he testified that it was:

A. Steve Perlman.

Q. He’s the only one?

A. He is the one who was making the decisions.

[Dkt. 33-2, Vogel Depo, 175:16-18]. The Plaintiff has thus adduced no evidence that Mr. Kozak was the final decision-maker as to the alleged change in his job duties or as to his termination. Rather, the only evidence in the record indicates that while Perlman spoke to Kozak about Vogel, Perlman, and not Kozak, made the decisions to terminate Vogel’s employment and to change his responsibilities. See Tomassi v. Insignia Fin. Grp., Inc., 478 F.3d 111, 115 (2d Cir.2007) (“[R]emarks made by someone other than the person who made the decision adversely affecting the plaintiff may have little tendency to show that the decision-maker was motivated by the discriminatory sentiment expressed in the remark”).

Second, Kozak allegedly uttered this remark more than fourteen months prior to Vogel’s termination, several months before Perlman allegedly reduced Vogel’s job duties, and seemingly before Vogel accepted the Account Director position. Vogel testified that he spoke with Dennis Kozak, who initially managed the India Service Provider team, about the Account Director position before he accepted the position. He also testified, that “[w]hen I first talked to Dennis Kozak, he described the way he wanted to build the [India Service Provider] team, having a separate India team because he felt that Indians would rather deal with Indians.” Thus, pursuant to Vogel’s own testimony, Kozak allegedly spoke about his belief that Indians would rather deal with Indians before Vogel was offered and accepted the position as Account Director on this very team headed by Kozak, who both hired Vogel and the three other white, non-Indian Account Directors (plus one non-white junior account manager) and uttered the remark. Moreover, Vogel joined the India Service Provider team in early October 2009, and Steven Perlman took over full-time management of the team in January 2010. Vogel’s employment was terminated on December 20, 2010, more than fourteen months after Kozak uttered the remark. The timing of Kozak’s alleged remark therefore does not tend to show that a decision-maker (in this case, Steven Perl-man) was motivated by assumptions or attitudes relating to the protected class, nor has Vogel demonstrated that it was uttered in the context of the decision-making process relating to the adverse employment actions of which Vogel complains. See Tomassi v. Insignia Fin. Grp., Inc., 478 F.3d 111, 115 (2d Cir.2007) (“[T]he more remote and oblique the remarks are in relation to the employer’s adverse action, the less they prove that the action was motivated by discrimination.”).

Nor has Vogel demonstrated that the content of the remark was discriminatory in nature. Kozak’s alleged statement is not indicative of racial animus. The statement is not derogatory or disparaging of Caucasians, nor is it a statement of Ko-zak’s personal beliefs. Moreover, Kozak’s perception that certain people in India preferred to work with other people of Indian descent did not deter him from appointing or allowing others to appoint Caucasians to head the multinational sales teams.

The parties agree that Dennis Kozak initially staffed the India Service Provider team by a multicultural pairing of four U.S.-based Account Directors, including Vogel and three other white, non-Indian men, with India-based CA counterparts and by matching a U.S.-based team with an India-based team. The team was formed based on CA’s desire to more effectively collaborate with the six largest India-based software service providers with whom CA partnered to sell software solutions. The parties also agree that the six software service providers serviced by the India Service Provider team—including TM/MS, with whom Vogel worked— are headquartered in India. There is no indication in the record that Kozak’s alleged remark was tinged with discriminatory bias based on race or national origin as opposed to being geographic in nature. As the India Service Provider team was created specifically to build relations and business opportunities with companies located in India, Kozak’s comment indicated his belief that the optimal structure was to have the Indian companies interact with CA representatives located in India, who could better bridge the linguistic and cultural divide and effectuate better communications and rapport with the Caucasian Sales Directors in the United States. Indeed, Vogel’s own testimony supports this view, as he specifically attested that “[w]hen I first talked to Dennis Kozak, he described the way he wanted to build the [India Service Provider] team, having a separate India team because he felt that Indians would rather deal with Indians. So he wanted to have an Indian contingent and a U.S. contingent.” The neutrality of the comment is buttressed by the fact that Vogel chose to join the team after he heard Kozak make the remark he now relies upon. Vogel’s decision to join the team indicates that he did not find Kozak’s comment to have been discriminatory at the time it was made. Consequently, this facially nondiscriminatory and temporally distant remark, uttered prior to Vogel’s joining the team and by a CA employee who did not make the decision to change Vogel’s job duties or terminate his employment, constitutes a stray remark that does not tend to show that a decision-maker was motivated by assumptions or attitudes relating to the protected class.

Steven Perlman’s statement that Vogel did not “work and play well with the guys in India” also fails to reasonably demonstrate that any adverse employment action took place under circumstances giving rise to an inference of discrimination. As noted earlier, the parties agree that the four U.S.-based Account Directors were each paired with India-based counterparts whose .teams worked together to provide software solutions to an India-based service provider. Perlman held weekly calls with Vogel and the TM7MS team based in India. Vogel has admitted that during some of these calls Perlman heard him speak in a dismissive, condescending, and often combative manner to the team members in India. As Plaintiff testified at his deposition:

Q. Okay. And what was your understanding of Steve [Perlman]’s meaning when he said you don’t work and play well with the guys in India?

A. He pointed out that I need to be more forthcoming in the activities that we’re doing here in the United States. To educate the India team on those activities. Continue to do the work for them to summarize and give to the Indian executives of Tech Mahindra and later Mahindra Satyam.

Q. Did Steve ever talk to you about the nature of your interactions with the Indian team and whether they were professional?

A. Steve continually told me that I was unprofessional, although some of those meetings ended in heated discussion.

Q. Okay. And when you say some of those meetings ended in heated discussion, would you engage in heated discussion with the Indian team?

A. All four participants were engaged in heated discussion.

Q. Okay. Would you raise your voice in those discussions with the Indian team?

A. Yes.

[Dkt. 33-2, Vogel Depo. 64:23—65:23],

Perlman testified similarly:

Q. Did you ever tell Mr. Vogel that Mr. Vogel did not work and play well with the guys in India?

A. I don’t know if I said those exact words, but I did say in that context, yes.

Q. Can you tell me, to the best of your memory, what you said to Mr. Vogel?

A. ... [W]e had weekly team calls, and very often on those calls Howard [Vogel] was dismissive, spoke down and was combative with the Indian [team] ... [A]s part of my management responsibilities, I coached Howard that he needed to work better with them to be successful.

[Dkt. 33-3, Perlman Depo. 24:22—26:7]. Vogel has also admitted that Perlman counseled him that he needed to interact with and work in a more professional manner with the team in India.

Perlman’s statement was factual and in no way racially disparaging or indicative of racial animus. Given Plaintiffs admissions that he raised his voice to the India team members on weekly team calls during which Perlman was present, his admission that Perlman heard him speak in a dismissive, condescending, and often combative manner to the team members in India on these calls, and his admission that Perlman counseled him that he needed to interact with the India team more professionally, no reasonable juror could view Perlman’s remark that Vogel did not “play well with the guys in India” to be discriminatory or that the context in which the remark was made was discriminatory.

Vogel contends that Steven Perlman’s actions, when viewed in combination with these two comments, support Plaintiffs prima facie case of discrimination. Specifically, Vogel alleges that Perlman moved the strategic portion of his job to the India team partially because “they would rather have Indians dealing with Indians in the sales capacity.” [Dkt. 39-3, Vogel Depo. 173:5-12], However, the Plaintiff has not provided any support for the statement that Perlman preferred to have Indians working with other Indians on sales, other than his own deposition testimony. Vogel also contends that the India team’s performance of some of the strategic portion of his job demonstrates discrimination. Vogel testified that, before making his complaint to Human Resources in February 2010, “[Perlman] kept telling me that the strategic component [of the Account Director job] was still mine to do, but it would still be given to the folks in India. So his actions were to take the two programs that I had created up until this time and completely give them to our CA India team for which I would continue to do work on under their direction, but no longer be affiliated with.” [Dkt. 39-3, Vogel Depo. 75:20—76:2], Vogel has not explained how, where he as the Account Director was required to work with a counterpart in India on a team to build business with an Indian corporation and where the strategic component of his job was still his to do, sharing responsibilities with his counterpart in India constitutes unlawful racial or national origin discrimination. Moreover, although he claims in his opposition brief that the India team was claiming his work as its own, Vogel has provided no support for this assertion. Lastly, Vogel attested at his deposition that another CA employee, presumably a member of the India team, although unidentified by the Plaintiff, “told me that he was instructed by Steve to take some of these things [strategic components] away and run with them.” [Dkt. 39-3, Vogel Depo. 78:11-17]. Vogel has not provided an affidavit from the employee who allegedly made this statement and thus Plaintiffs recall of the employee’s statement to him regarding an out of court remark from Steven Perlman constitutes inadmissible hearsay that this Court may not consider upon a motion for summary judgment. Local R. Civ. P. 56(a)3 (“Each statement of material fact ... by an opponent in a Local Rule 56(a)2 Statement, and each denial in an opponent’s Local Rule 56(a)2 Statement, must be followed by a specific citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial”).

Further, transferring of Vogel’s strategic duties does not tend to strengthen the argument that Perlman discriminated against him. First, if Perlman wanted India-based team members to deal with the Indian companies, he would have transferred the sales functions and the corresponding commissions to the India-based team members, rather than the strategic duties. Second, considering Vogel’s persistent underperformance in sales, transferring the strategic duties to other team members freed up and thereby better enabled Vogel to focus on achieving his sales goals. No reasonable jury could find that the transfer of Vogel’s strategic duties under the facts then existing give rise to an inference of discrimination.

Lastly, Vogel testified that two of his India-based team members were having meetings with TM/MS executives to which he was not apprised or invited, but has not cited to any evidence in the record demonstrating that Perlman was responsible for the omission or that the India-based team members were either acting under Perl-man’s orders or that they had any discriminatory animus. [Dkt. 39-3, Vogel Depo. 173:5-12; 63:10-22]. Vogel has also cited to his Exhibit 8, which contains several unexplained emails and an Executive Profile Meeting Request Form, none of which the Plaintiff has explained, and which do not demonstrate that Vogel was intentionally left out of meetings at Perlman’s direction or that Perlman failed to apprise him of the meetings. [Dkt. 39-4, Exh. 8, ECF pp. 42-51],

An inference against a finding of discrimination exists in this case for the additional reasons that Steven Perlman replaced Vogel with another white, non-Indian male after Vogel’s termination and because Vogel has adduced no evidence that he was treated differently than any of his co-workers. The parties agree that all four of CA’s U.S.-based Account Directors, including Vogel, were white and non-Indian, that the one Junior Account Director on the U.S. team was Indian, and that each reported to Steven Perlman. Vogel has also testified that he and the three other white, non-Indian Account Directors and the Indian Junior Account Director performed identical jobs for different Indian companies with whom CA partnered. [Dkt. 43-1, Vogel Depo. 54:23-55:2], Although the Plaintiff has had the opportunity to conduct f