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Bagley v. J.P. Morgan Chase & Co.

Bagley v. J.P. Morgan Chase & Co.

United States District Court for the Southern District of New York

July 12, 2012, Decided; July 12, 2012, Filed

10 Civ. 1592 (PGG)

Opinion

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, U.S.D.J.:

Plaintiff Robert Bagley alleges that defendant J.P. Morgan Chase Bank, N.A. ("Chase") retaliated against him for opposing unlawful discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law § 290 et seq., and the New York City Human Rights Law ("NYCHRL"), N.Y. City Admin. Code § 8-101 et seq. Plaintiff claims that his supervisors directed him to "rate his staff's performance in an unjustified negative manner which would adversely affect the older workers who were reporting to him," and that when he complained that this practice constituted age discrimination, he was terminated. (Cmplt. ¶¶ 16, 18, 22)

Defendant has moved for summary judgment on all of Plaintiff's claims. For the reasons stated below, Defendant's  [*2] motion for summary judgment will be denied.

BACKGROUND

I. PLAINTIFF'S EMPLOYMENT AT CHASE

Bagley worked for Chase and its predecessors for approximately 27 years prior to his termination on July 14, 2009. (Def. R. 56.1 Stmt. ¶¶ 1-2; Bagley Aff. ¶ 3)1 At the time of his termination, Bagley was an assistant vice president and managed Chase's Treasury and Securities Services ("TSS")/Worldwide Securities Services ("WSS") business, supervising a staff of 20 employees.2 (Def. R. 56.1 Stmt. ¶¶ 2, 4; Pltf. R. 56.1 Resp. ¶¶ 2, 4) All of these employees were over the age of 40, and most were over 50 years old. (Def. R. 56.1 Stmt. ¶ 4; Pltf. R. 56.1 Resp. ¶ 4; Bagley Dep. 60)

Between 2000 and his termination in July 2009, Bagley reported to Executive Director Anthony Tufano. (Def. R. 56.1 Stmt. ¶ 5; Pltf. R. 56.1 Resp. ¶ 5; Tufano Dep. 21) During the relevant time period, Tufano reported to Eric Carr, WSS Operations Manager. (Def. R. 56.1 Stmt. ¶ 6; Pltf. R. 56.1 Resp. ¶ 6; Carr Dep. 34; Bagley Dep. 40)

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2012 U.S. Dist. LEXIS 97045 *; 115 Fair Empl. Prac. Cas. (BNA) 1140; Unemployment Ins. Rep. (CCH) P44,578; 2012 WL 2866266

ROBERT BAGLEY, Plaintiff, - against - J.P. MORGAN CHASE & CO., Defendant.

CORE TERMS

termination, staff, ratings, retaliation, employees, performance review, Expectations, written warning, pretext, prima facie case, retaliatory, temporal proximity, summary judgment, older worker, rankings, Meets, protected activity, discriminatory, adverse employment action, age discrimination, adverse action, complaints, deliver, recommending, guidelines, email, older, performance evaluation, causal connection, animus