University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. UBS BRINSON INC et al EE-NY-0178
Docket / Court 1:02-cv-03748-RMB ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against UBS Brinson, Inc. and UBS AG in the U.S. District Court for the Southern District of New York in May 2002. The complaint alleged that the defendants, institutional asset managers, violated the Age Discrimination in Employment Act ( ... read more >
The New York District Office of the EEOC brought this suit against UBS Brinson, Inc. and UBS AG in the U.S. District Court for the Southern District of New York in May 2002. The complaint alleged that the defendants, institutional asset managers, violated the Age Discrimination in Employment Act (ADEA) when they required employees who would become redundant after a merger to sign releases giving up their right to sue under the ADEA. The defendants filed a motion to dismiss for failure to state a claim, which was granted in January 2003. The EEOC appealed the district court's decision, but it withdrew the appeal in November 2003. This case was related to a private suit, 1:02-cv-03745 (S.D.N.Y. May 16, 2002).

Justin Kanter - 08/06/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) UBS Brinson, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2003
Case Ongoing No
Case Listing EE-NY-0234 : Yon v. UBS Brinson, Inc., et al (S.D.N.Y.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:02cv3745 (S.D.N.Y.) 01/29/2004
EE-NY-0178-9000 PDF | Detail
03-6078-cv (U.S. Court of Appeals) 03/15/2006
EE-NY-0178-9002 PDF | Detail
General Documents
Complaint 05/16/2002
EE-NY-0178-0001 PDF | Detail
Decision and Order [Granting Defendants' Motion to Dismiss] 01/15/2003 (2003 WL 133235 / 2003 U.S.Dist.LEXIS 570) (S.D.N.Y.)
EE-NY-0178-0004 PDF | WESTLAW| LEXIS | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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