Opinion
00 CV 3391 JBW
June 5, 2002
MEMORANDUM AND ORDER
Plaintiff, now over 40 years old, claims he was discriminated against by the defendant, because of his gender and age, by being denied promotions and by effectively being forced to resign.
Defendant moves for summary judgment. While plaintiff's case is extremely dubious, the motion must be denied because, taking the most favorable view of the evidence supporting the plaintiff's claim, it might be found by a jury that other younger persons received promotions denied to him at least partly for the reason of their age. The evidence points, however, to the more plausible conclusion that those who received the promotion were in good faith deemed more qualified. The age claim is not dismissed. It will be tried if plaintiff wishes, although it seems wasteful to prosecute this borderline frivolous claim.
The gender claim is dismissed. Only one woman, as contrasted to the many men preferred over plaintiff, received a promotion for a job plaintiff sought. She was clearly more qualified, or so the selecting authorities could have in good faith concluded. No statistical or proof of gender discrimination is proffered.
SO ORDERED.