The opinion of the court was delivered by: MOTLEY
Parties in the above captioned matter are notified that, in accordance with the attached memorandum opinion, defendants' motion for partial summary judgment in regards to plaintiffs' Title VII, ADEA, and state claims is GRANTED
Plaintiffs filed separate complaints on September 13, 1996 against the defendants alleging violations of;
(1) 42 U.S.C. § 1983 ("1983") for employment discrimination based on age and sex and for the deprivation of contract, property and due process rights,
(2) Title VII and the Age Discrimination in Employment Act ("ADEA"),
(3) New York Human Rights Law ("HRL")
and New Jersey Law Against Discrimination ("LAD")
prohibiting employment discrimination based on age,
(4) common law breach of contract.
The court consolidated the cases by order dated December 12, 1996. On February 17, 1997, defendants' filed a motion for partial summary judgment as a matter of law as to all claims asserted against the Commissioners as to the § 1983 claim of deprivation of contract, property and due process rights asserted against all defendants and as to the Title VII and ADEA claims asserted against the supervisors and PA.
The court heard arguments on defendants' motion on April 25, 1997.
Because plaintiffs filed and sent a copy of their response papers to defendants the evening before oral arguments, on April 24, 1997 (the day it was due), the court granted defendants an opportunity to submit reply papers to plaintiffs response and scheduled further arguments for June 26, 1997.
Because of plaintiffs' numerous causes of actions and the complexity of the facts, the court limited defendants' reply to the Title VII and ADEA claims in an effort to flush out the issues and determine if plaintiffs had a federal question claim.
Therefore, this memorandum opinion only addresses the Title VII and ADEA claims and the state law claims that relate to the Title VII and ADEA claims.
Plaintiffs are New York Citizens who were terminated from their respective positions by the defendants on September 15, 1995. Plaintiff Baron is a 54 years old woman who began working for defendant Port Authority in 1966 and was eventually promoted to the position of Managing Director of the Port Authority Gateway American Committee in the Government and Community Affairs Department of Port Authority ("GCAD"). Plaintiff Diaz is a 45 year old Hispanic woman who began working for defendant Port Authority in 1987 as the New York Legislative Representative, a managerial position in GCAD. Plaintiff Toole began working for defendant Port Authority in 1984 and was eventually promoted to the position of Client Manager in GCAD. Plaintiff Ilan is a 51 year old man who began working for defendant Port Authority in 1970 and was eventually promoted to the position of Manager of the Division of Economic Trends in the Port Authority's Office of Economic and Policy Analysis.
Defendant Port Authority ("PA") is a bistate public agency created by Compact in 1921 between New York and New Jersey with its principal place of business in New York. Defendant Port Authority's essential governmental functions are to develop, coordinate and operate terminal, transportation and other facilities of commerce in and through New York. PA consists of a board of twelve Commissioners who are defendant Kathleen A. Donovan, Chairperson; defendant Charles Gargano, Vice-Chairperson; and defendants Lewis M. Eisenberg, James G. Hellmuth, Henry F. Henderson, Jr., Robert C. Janiszewski, Peter Kalikow, George D. O'Neill, Alan Philibosian, Melvin L. Schwetzer, Bincent Tese, and Frank J. Wilson, members of the Board. (hereinafter, "Commissioners"). The other defendants hold various ...