Judge Daniels of the Southern District of New York granted summary judgment to our client Columbus Citizens Foundation, Inc. regarding its termination of an employee ,after the EEOC had found probable cause that his age was a motivating factor in his dismissal. The Court dismissed all claims of age discrimination under the Age Discrimination in Employment Act and the New York State and New York City Human Rights laws. We were able to establish as a matter of law that the employee had been fired for documented misconduct. The Court adopted our argument that a jury could not find age discrimination was even a motivating factor in the termination without speculation on several levels, and that the nondiscriminatory reasons proffered for the termination by the employer were thus not pretextual.
Michael A. Miranda and Robert Hewitt worked on this matter.