United States Second Circuit

In case involving claims alleged under the Age Discrimination in Employment Act, summary judgment for defendant is reversed as the district court failed properly to apply the burden-shifting framework under the ADEA. There remains a genuine issue of material fact as to whether the reasons given for not hiring plaintiff were pretextual such that a jury could reasonably find that he suffered an adverse employment action because of his age.

Appellate Information

• Decided 02/27/2007
• Published 02/27/2007

Judges

• PER CURIAM., Before WALKER, HALL and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Patrick F. D'Cunha, Flushing, New York, Plaintiff-Pro-Se-Appellant.


• For Appellees:
  
• James Bucci, Esq., Spector, Gadon & Rosen, P.C., Philadelphia, PA, for Defendant-Appellee.