Venable New York's Michael J. Volpe
and Nicholas Reiter
won summary judgment for a general contractor in the Southern District of New York. The Plaintiff in Dunaway v. MPCC Corp. et al.
alleged the Defendants unlawfully rejected his job application due to his age and subsequent complaint of discrimination. The Plaintiff was 65 at the time of his job interview. Despite evidence that MPCC Corp.'s President had asked Plaintiff his age and made other age-related comments during the job interview, U.S. District Court Judge Nelson S. Roman of the Southern District of New York granted the Defendants' summary judgment motion in its entirety. Specifically, Judge Roman explained that the President's age-related comments and questions during the interview "demonstrate only a concern about retirement, which is an economic consideration and a lawful one."