Judges Reject Age Discrimination Claims by Ex-Ski Resort Employee Fired for 'Outburst' at Boss
A two-judge Appellate Division panel refused to reinstate the lawsuit filed by plaintiff Karen Murphy against her former employer, Mountain Creek Resort in Vernon.
December 18, 2017 at 02:54 PM
3 minute read
A New Jersey woman fired from her job at a ski resort after she blew up at her boss because she had to work on Christmas Eve cannot sue for age discrimination, a state appeals court ruled on Monday.
A two-judge Appellate Division panel refused to reinstate the lawsuit filed by plaintiff Karen Murphy against her former employer, Mountain Creek Resort in Vernon.
“Plaintiff has offered no evidence that the reason for her termination was motivated by her age or any other discriminatory animus,” said Appellate Division Judges Harry Carroll and Hany Mawla.
Murphy was fired on Dec. 11, 2012, after she was told that she would have to work a half day that Christmas Eve. The ruling said she “raised her voice” at her supervisor, Lindsey Spasova, after learning she wouldn't have the day off and was fired.
At the time, Murphy was 58 years old and had worked in the resort's accounts payable department for 16 years.
After she was fired, she filed a lawsuit against the resort, alleging wrongful termination, the creation of a hostile work environment, wrongful retaliation, aiding and abetting discrimination and a violation of the New Jersey Civil Rights Act.
Sussex County Superior Court Judge Edward Gannon dismissed the case on summary judgment, finding Murphy failed to present a prima facie case of age discrimination. Murphy then appealed. Superior Court Judge Robert Hannah subsequently denied a motion for reconsideration.
In order to prevail, the appeals court said, Murphy had to prove four elements: that she was a member of a protected class, that she was performing her job at a level that met her employer's expectations, that she was fired and that she was replaced by other workers who did substantially the same work.
The appeals court agreed with the trial judge that while Murphy did show that she met the first three prongs of the test, she failed with regard to the fourth.
The appeals court also rejected allegations by Murphy that younger workers at the resort formed “cliques” and that she was excluded from their groups.
“[T]here is no specific example of either a hostile work environment or aiding and abetting to support a prima facie case of discrimination,” Carroll and Mawla said. “Plaintiff's outburst was not a formal grievance or complaint of discriminatory behavior, which would have been protected under the LAD.”
Murphy is represented by Michael Rehill, who runs a firm in Vernon. He did not return a telephone call.
The resort's attorney, Stefani Schwartz, said the appeals court reached the correct ruling in demanding that discrimination claims be well-documented.
“The appeals court recognized its job is not to second-guess a business decision,” said Schwartz, of Parsippany's Schwartz Simon Edelstein & Celso.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHit by Mail Truck: Man Agrees to $1.85M Settlement for Spinal Injuries
Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
4 minute readChiesa Shahinian Bolsters Corporate Practice With 5 From Newark Boutique
5 minute readOn the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
7 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250