Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

TRIOLA v. SNOW

March 2, 2004.

THOMAS J. TRIOLA, Plaintiff, -against- JOHN SNOW, Secretary of the Treasury of the United States of America, Defendant


The opinion of the court was delivered by: THOMAS PLATT, JR., Senior District Judge

MEMORANDUM AND ORDER

This action was brought by Thomas J. Triola ("Plaintiff") against John Snow, Secretary of the United States Treasury ("Defendant").*fn1 The Plaintiff, a retired Special Agent formerly employed by the United States Customs Service ("U.S. Customs"), alleges that he was not selected to the best qualified lists for two vacancy announcements made in July 1997 and September 1997, because of age discrimination. In addition, the Plaintiff claims that his supervisor, Joseph King ("King"), retaliated Page 2 against him for participating in the Equal Employment Opportunity ("EEO") process to contest his non-selection to the best qualified lists.

Before the Court is one motion:
1. Defendant moves pursuant to Fed.R.Civ.P. 56(c) for summary judgment dismissing the Plaintiff's complaint, consisting of two claims:
(I) Plaintiff alleges discrimination under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C._621; and
(ii) Plaintiff alleges retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.,
("Title VII").
  For the foregoing reasons, the Defendant's motion should be GRANTED as to the first claim and DENIED as to the second claim.

  BACKGROUND

 1. July 1997 Vacancy Announcement

  In July 1997, U.S. Customs issued a vacancy announcement soliciting interested candidates for positions at the GS-14 level. At the time of this announcement, the Plaintiff was 47 years old. The Plaintiff and each of the other applicants submitted a written application to a three-member panel. The panel then reached a consensus on each applicant's score and gave the raw scores to Human Page 3 Resources. Human Resources tabulated the raw scores, ranked the applicants and made best qualified lists for various job locations based on these scores. Three best qualified lists were compiled for the New York area but the Plaintiff's scores were not high enough to place him on any of the three.

  The names and ages of the persons on the best qualified list for Long Island, New York were:
1. Doyle, Dennis 44
2. Britt, Mark 47
3. Dalessandro, Salvatore 40
4. Moran, Michael 44
5. McAndrew, James 36
6. Kadluboski, Linda 38
7. Brent, Thomas 42
8. Anaipakos, George 49
9. Smith, Kevin 40
10. Kacersoky, Edward 42
Chosen: Doyle, Dennis 44
The names and ages of the persons on the best qualified list for JFK Airport, New York were:
1. Stella, Patricia 42
2. Doyle, Dennis 44
3. Britt, Mark 47
4. Lorenti, Mark 36
5. Dalessandro, Salvatore 40
  6. Coschignano, Anna Maria 41 Page 4

  7. Moran, Michael 44

  8. Morrisey, Deborah 32

  9. McAndrew, James 36

  10. Kadluboski, Linda 38

  11. Brent, Thomas 42

  12. Anaipakos, George ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.