GH&C Labor and Employment Law Team of Ari Burd and Jay Becker Win Summary Judgment in Two Employment Cases Headed to Trial
May 25, 2018May 25, 2018 - Winning summary judgment dismissal in employment discrimination matters is rare. There are usually too many questions of material facts that preclude a Judge from rendering a decision, and sending it to trial for a jury to decide. Nevertheless, GH&C employment law partners Ari Burd and Jay Becker won summary judgment victories in not 1, but 2 different cases in the last 45 days.
In the first case, Mr. Burd and Mr. Becker succeeded in having a gender discrimination suit dismissed prior to trial on behalf of one of the largest retail employer’s in the State of New Jersey with over 8000 employees in 30 different locations. In that case, the female plaintiff had alleged that she was subjected to sexually harassing and gender based comments. She further alleged that her employer had failed to take steps to prevent the harassment, had retaliated against her and caused her to be constructively discharged. In granting the motion for summary judgment dismissal, the court agreed with each and every argument made by Mr. Burd and Mr. Becker, noting that many of the alleged discriminatory statements were unrelated to the plaintiff’s gender and were not sufficiently severe or pervasive to be deemed hostile. Moreover the court found that plaintiff’s allegations of retaliation and constructive discharge were unfounded.
In the second case, also just prior to trial, Mr. Burd and Mr. Becker successfully argued that summary judgment should be granted in a matter involving a former employee at one of the largest pharmacy chains in the United States who was terminated for poor performance, but alleged his termination was the result of age discrimination. Following oral argument, the judge ruled that the former employee had failed to show, more likely than not, age was a motivating cause of his termination and thus dismissed the action with prejudice.
The GH&C Labor and Employment Law Department stands ready to assist you in defending against any employment litigation matters you or your business may face. For more information, contact either Ari Burd or Jay Becker of the GH&C Labor and Employment Law Department at 732-219-5480 or GHClaw.com.
Posted in: Labor & Employment