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Schnabel v. Abramson, 232 F.3d 83 (2d Cir. November 8, 2000)

Keywords: 42 U.S.C. Section 1983 and ADEA (age discrimination, wrongful termination)   

Introduction: Philip Schnabel sued the Legal Aid Society under 42 U.S.C. Section 1983 and ADEA for age discrimination. The district court granted summary judgment on behalf of the Legal Aid Society. The Second Circuit affirms.

Facts: In 1994, Steven Sherlock (age 28) resigned from his position as an investigator in order to attend law school. Schnabel (age 60) was hired to replace Sherlock. After completion of law school three years later, Sherlock sought his old position. As a result, Schnabel was terminated and Sherlock replaced him.

Law:

1. In 1997, Gary Abramson, Legal Aid's Chief Attorney, asked Schnabel to resign. According to Schnabel, Abramson told him that he had no complaints about his work, but if he refused to resign, Abramson would compose a letter stating that he was fired for cause.

2. Abramson did send a letter to Schnabel the next day explaining that he was rehiring Sherlock whose work was far superior.

3. Section 1983 claim

   1. This claim fails because the Legal Aid Society is not a "state actor."

4. ADEA claim

   1. Although Schnabel established a prima facie case and presented evidence of pretext, the Court finds that he has shown no evidence upon which a reasonable trier of fact could base the conclusion that age was a determinative factor in Legal Aid's decision to fire him.

   2. Therefore, this is one of the cases contemplated by Reeves v. Sanderson Plumbing Products, Inc., 120 S.Ct. 2097 (June 12, 2000) in which the combination of the prima facie case plus pretext would still not be enough to survive summary judgment.

   3. In addition, the Court points to the fact that the defendant hired Schnabel at the age of 60. 

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