Epstein Becker Green represented a financial services company in an age discrimination litigation brought by a former senior compliance officer who alleged that the company violated the city’s anti-discrimination laws by eliminating his position due to his age, rather than the company’s changing business needs. The judge dismissed the case and held that, although the city’s “mixed motive” standard is significantly more liberal than what is required under the state and federal anti-discrimination laws, conclusory allegations are not sufficient to defeat summary judgment. The court also noted that, even after a long discovery process that included several depositions, the plaintiff failed to demonstrate a triable issue of fact. The decision stated that “[t]he court, in an employment discrimination case, ‘should not sit as a super-personnel department that reexamines an entity’s business decisions.’”
