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| BERGSTEIN & ULLRICH, LLP |
Bergstein & Ullrich, LLP 15 Railroad Avenue Chester, NY 10918 Telephone: 845-469-1277 Fax: 845-469-5904 Office Hours: Mon - Fri 9 a.m. - 5 p.m. |
Age Discrimination
In September 2008, our firm successfully co-litigated a federal age discrimination case
against the New York City Board of Education. The jury agreed that three of our
clients – public schoolteachers – were discriminated against in their assignments. This
case was unique for several reasons. First, none of the plaintiffs who prevailed at trial
were fired or demoted. Normally, in employment discrimination cases, the plaintiff
cannot proceed with an “adverse employment action” which typically entails the loss
of money. The adverse actions in this case included unsatisfactory performance
evaluations. We persuaded the jury that these unsatisfactory evaluations were adverse
actions under the employment discrimination laws because they disqualified the
teachers from handling extracurricular paid positions. The case was also unique in that
we persuaded the judge that age discrimination plaintiffs may bring their lawsuits
under the U.S. Constitution and not just the Age Discrimination in Employment Act.
Shapiro v. New York City Department of Education, 561 F. Supp. 2d 413 (S.D.N.Y.
2008).
In 2003, we persuaded the U.S. Court of Appeals to reinstate an age discrimination
lawsuit against a private school. The case was dismissed by the trial court on a motion
for summary judgment. The Second Circuit Court of Appeals ruled in favor of our
client in finding that a jury could agree that she was terminated from her position
because of her age. After we prevailed on appeal, the case settled before trial. Ferrell
v. Leake & Watts Services, 83 Fed. Appx. 342 (2d Cir. 2003).
In September 2008, our firm successfully co-litigated a federal age discrimination case
against the New York City Board of Education. The jury agreed that three of our
clients – public schoolteachers – were discriminated against in their assignments. This
case was unique for several reasons. First, none of the plaintiffs who prevailed at trial
were fired or demoted. Normally, in employment discrimination cases, the plaintiff
cannot proceed with an “adverse employment action” which typically entails the loss
of money. The adverse actions in this case included unsatisfactory performance
evaluations. We persuaded the jury that these unsatisfactory evaluations were adverse
actions under the employment discrimination laws because they disqualified the
teachers from handling extracurricular paid positions. The case was also unique in that
we persuaded the judge that age discrimination plaintiffs may bring their lawsuits
under the U.S. Constitution and not just the Age Discrimination in Employment Act.
Shapiro v. New York City Department of Education, 561 F. Supp. 2d 413 (S.D.N.Y.
2008).
In 2003, we persuaded the U.S. Court of Appeals to reinstate an age discrimination
lawsuit against a private school. The case was dismissed by the trial court on a motion
for summary judgment. The Second Circuit Court of Appeals ruled in favor of our
client in finding that a jury could agree that she was terminated from her position
because of her age. After we prevailed on appeal, the case settled before trial. Ferrell
v. Leake & Watts Services, 83 Fed. Appx. 342 (2d Cir. 2003).