United States Second Circuit

Employer's statements that it laid off employee because he fraudulently filed for disability benefits and because of a general reduction in force are not necessarily inconsistent to support a finding of pretext in an age discrimination claim. Differing statements about the reason for laying off an employee do not necessarily support a claim of pretext in an age discrimination claim where the statements are not inconsistent.

Appellate Information

• Argued 01/11/2001
• Decided 07/17/2001
• Published 07/17/2001

Judges

• WINTER, Circuit Judge:, Before VAN GRAAFEILAND, WINTER, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Leslie H. Ben-Zvi,Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP (Alan Serrins and Joseph A. Turco, of counsel), New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Clifford Thau, Squadron, Ellenoff, Plesent & Sheinfeld, LLP (J. Jordan Lippner and Laura Davidson, of counsel), New York, NY, for Defendant-Appellee.