Second Circuit – Employment Discrimination: Kazolias v. IBEW

U.S. Court of Appeals for the Second Circuit

Employment Discrimination

Discriminatory Intent – Expressions of Resentment

Kazolias v. IBEW

13-4566

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