United States Second Circuit

In this age discrimination employment suit, summary judgment in favor of defendant former employer is affirmed, where: 1) plaintiff was ranked as the worst performing employee among employees in his group at his level; 2) comments about another employee's age, removed from any context suggesting that they influenced decisions regarding plaintiff's own employment, do not suffice to create a genuine issue of fact as to but-for age discrimination; 3) an employment discrimination plaintiff must provide more than conclusory allegations to resist summary judgment; and 4) the record yields no evidence of the definite nature and terms of the oral promise that plaintiff asserts was given.

Appellate Information

• Decided 09/05/2014
• Published 09/05/2014

Judges

• Winter, Wesley, Hall

Court

• United States Second Circuit

Counsel