U.S. Court of Appeals for the Second Circuit
Discriminatory Intent – Expressions of Resentment
Kazolias v. IBEW
Judges Leval, Lynch and Droney
Background: The plaintiffs are members of an electrical union who alleged a number of claims under the Age Discrimination in Employment Act, as well as the Labor-Management Reporting and Disclosure Act. They appeal from the grant of summary judgment dismissing these claims.
Ruling: The Second Circuit vacated the judgment and remanded the plaintiffs’ ADEA claims. The court held that the district court erred in holding that a union official’s expressions of resentment against the plaintiffs for their administrative complaints against the union could not evince retaliatory intent prior to the time of the resentful statements.
Robert N. Feliz for the plaintiffs-appellants; Robert T. McGovern of Archer, Byington, Glennon & Levine for the defendant-appellees