February 14, 2018

The firm successfully defended an age discrimination suit brought by a teacher in a small school district on eastern Long Island who had been excessed in 2016. The plaintiff alleged that the decision to excess her was the result of animus toward her age. The district argued that the plaintiff was excessed due to budgetary constraints and if she was not excessed, the district faced the very real possibility of shuttering the door of its single building “school house” district for good. On February 14, 2018, United States District Judge Sandra J. Feuerstein granted the firm’s summary judgment motion and dismissed plaintiff’s Complaint in its entirety. The Judge found that the plaintiff had not established that age was the “but for” reason of the district’s decision to excess her and instead held that the district had a legitimate non-discriminatory reason for excessing her position. The decision was significant in that it greatly increased the likelihood that the small school district can continue to provide a unique educational experience to the students within its small community.