District Judge Nina Gershon


Read Full-Text Decision

From 2009 to 2012, Keles was an adjunct professor at LaGuardia Community College (LCC). He was 62 years old when he sued LCC and departmental chairman Yearwood under the Age Discrimination in Employment Act (ADEA), and New York State and City Human Rights Laws claiming unlawful discrimination due to his age in failing to hire him for a full-time associate professor position and, later, in failing to assign him any courses as a adjunct professor at LCC. The court dismissed only Keles’s claims of retaliation and interference with a protected right. Keles’s allegations sufficiently supported his claim that his age was a motivating factor, and even a but-for cause, in LCC’s decision not to assign him courses to teach. The court also rejected defendants’ argument that Keles’s contract breach claim must be dismissed because the parties never signed an enforceable contract. Beyond the four corners of the letter from LCC’s vice president for academic affairs reappointing Keles for the Fall 2012 semester, Keles’s expertise, teaching experience at LCC, and past dealings with LCC may provide further context for the terms of the agreement, and are fact questions better addressed on summary judgment, not a motion to dismiss.