Williams v. D'Youville College

D’Youville College,¹ Defendant DECISION & ORDER On January 14, 2020, Stephen Williams commenced this action under the Age Discrimination in Employment Act (“ADEA”) against his former employer, D’Youville College (“D’Youville”). Docket Item 1. After the case was referred to United States Magistrate Judge Michael J. Roemer for all proceedings under 28 U.S.C. §636(b)(1)(A) and (B), Docket Item 11, D’Youville moved for summary judgment on November 4, 2022, Docket Item 32. On February 6, 2023, Williams responded, Docket Item 39, and on February 28, 2023, D’Youville replied, Docket Item 43. On August 3, 2023, Judge Roemer issued a Report and Recommendation (“R&R”) finding that D’Youville’s motion should be granted. Docket Item 45. On September 20, 2023, Williams objected to the R&R. Docket Item 48. On October 11, 2023, D’Youville responded to the objections. Docket Item 51. And on November 1, 2023, Williams replied. Docket Item 54. A district court may accept, reject, or modify the findings or recommendations of a magistrate judge. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(b)(3). The court must review de novo those portions of a magistrate judge’s recommendation to which a party objects. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(b)(3). This Court has carefully and thoroughly reviewed the R&R; the record in this case; the objections, response, and reply; and the materials submitted to Judge Roemer. Based on that de novo review, the Court accepts and adopts Judge Roemer’s recommendation to grant D’Youville’s motion for summary judgment. BACKGROUND² Williams — who is “over [40] years of age” — was hired by D’Youville in 1994. Docket Item 1 at 1, 12. He served as a “full-time faculty member” of the Education Department (the “Department”) until September 7, 2018, when D’Youville “discontinue[d]” the Department “ due to…lack of enrollment.” Docket Item 45 at 2-3. Williams alleges that although D’Youville claimed to be wholly shuttering the Department, it in fact maintained a “so-called ‘new’” Curriculum and Instruction (“C&I”) Program that “duplicates…curriculum” that had been “developed” by Williams and other members of the Department in 2013. Docket Item 1 at

14-15. Williams asserts that “[a]s a cost[-]saving matter, [D'Youville] opted to staff…courses in the C&I Program with part-time, low-cost adjuncts and lower[-]salaried, younger (under age 40) junior administrators rather than full-time, senior, tenured, high-cost faculty.” Id. at 16. And that, he says, violated the ADEA. Id. at