Case: EEOC v. DELTA AIR LINES INC

1:97-cv-05646 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 30, 1997

Closed Date: July 11, 2002

Clearinghouse coding complete

Case Summary

The New York District Office of EEOC filed this lawsuit against Delta Airlines, Inc. at the United States District Court in the Eastern District of New York on 09/30/1997. The EEOC alleged religious discrimination and constructive discharge in violation of Title VII on behalf of a former employee of Delta who was a Seventh Day Adventist. The former employee observed the Sabbath on Saturdays, which was in conflict with his shift schedule. The court granted Delta's summary judgment motion, holding that because Delta provided a reasonable accomodation--the possibility of a shift swap--to the complainant, EEOC failed to make out a prima facie case for religious discrimination. EEOC v. Delta Airlines, 2002 WL 1447582 (E.D.N.Y.) (2002).

Summary Authors

Justin Kanter (6/1/2007)

Documents in the Clearinghouse

Document

1:97-cv-05646

Docket

EEOC v. Delta Air Lines, Inc

July 11, 2002

July 11, 2002

Docket

1:97-cv-05646

Memorandum and Order Granting Motion for Summary Judgment

EEOC v. Delta Air Lines, Inc

June 26, 2002

June 26, 2002

Order/Opinion

2002 WL 2002

Resources

Docket

Last updated March 21, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Delta Air Lines, Inc (Chow, Alice) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

2

ORDER, setting initial conference for 10:30 on 1/30/98 before Magistrate Robert M. Levy . Plaintiff's counsel is requested to confirm with defendant's counsel that all necessary participants are aware of this conference. ( signed by Magistrate Robert M. Levy, dated 10/9/97 ) (Murphy, Margaret) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

3

ANSWER to Complaint by Delta Air Lines, Inc (Johnson, Tanya) (Entered: 12/01/1997)

Nov. 26, 1997

Nov. 26, 1997

4

Disclosure of interested parties by Delta Air Lines, Inc (Johnson, Tanya) (Entered: 12/01/1997)

Nov. 26, 1997

Nov. 26, 1997

5

Calendar entry: Initial conference held before Magistrate Levy on 1/30/98. Counsel for both sides present. Discovery shall be completed by 7/30/98 . The next status conference is scheduled for 8/12/98 at 10:30 before Magistrate Robert M. Levy . (Johnson, Tanya) (Entered: 02/04/1998)

Jan. 30, 1998

Jan. 30, 1998

6

PROPOSED JOINT DISCOVERY PLAN/ORDER that the parties agree that all pretrial discovery shall be completed on or before 7/30/98 . (Signed by Magistrate Robert M. Levy on 1/30/98) (Johnson, Tanya) (Entered: 02/04/1998)

Feb. 4, 1998

Feb. 4, 1998

7

Calendar entry: Status conference held before Magistrate Levy on 8/12/98. Counsel for both sides present. Discovery complete. Settlement discussions held. Parties to attempt to negotiate settlement. Parties to submit a written status report by 10/2/98. If the case does not settle, parties shall appear with principals at the next settlement conference set for 10/21/98 at 10:30 before Magistrate Robert M. Levy . (Johnson, Tanya) (Entered: 08/18/1998)

Aug. 12, 1998

Aug. 12, 1998

8

LETTER dated 10/2/98 from Ira G. Rosenstein, Esq., to Magistrate Levy stating that plaintiff will be prepared to provide a further report to the Court at the next status conference scheduled for 10/21/98. (Johnson, Tanya) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

9

ORDER, that the 10/21/98 status conference has been rescheduled for 10/20/98 at 4:00 before Magistrate Robert M. Levy . (Signed by Magistrate Robert M. Levy on 10/7/98) c/m (Johnson, Tanya) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

10

LETTER dated 10/5/98 from Ann Thacher Anderson, Esq., to Magistrate Levy regarding the status of this action. (Johnson, Tanya) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

11

Calendar entry: Settlement conference held before Magistrate Levy on 10/20/98. Parties to discuss settlement for approximately 2 weeks. If settlement fails, there will be a briefing schedule for summary judgment motion subject to Judge Nickerson's rules and approval, if necessary. Motion set for 12/4/98, opposition to be submitted by 1/8/99 and reply due by 1/22/99. (Johnson, Tanya) (Entered: 10/28/1998)

Oct. 20, 1998

Oct. 20, 1998

12

LETTER dated 12/11/98 from Aimee B. Meltzer, Esq., to Ann Thacher Anderson enclosing defendant's notice of motion. (Johnson, Tanya) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

13

MOTION by Delta Air Lines, Inc. for summary judgment . Motion hearing <date not set> [13-1] . (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

Rule 56.1 Statement(formerly Rule 3(g) by Delta Air Lines, Inc regarding their [13-1] motion for summary judgment. (Annexed to document #13) (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

14

MEMORANDUM by Delta Air Lines, Inc. in support of its [13-1] motion for summary judgment. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

15

BRIEF by EEOC in opposition to defendant's [13-1] motion for summary judgment. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

16

AFFIDAVIT by Ann Thacher Anderson, Esq., on behalf of EEOC in further opposition to defendants [13-1] motion for summary judgment. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

17

Rule 56.1 Statement(formerly Rule 3(g) by EEOC in response to defendant's [13-1] motion for summary judgment. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

18

EXCERPTS FROM THE DEPOSITION of Delta Airlines, Inc. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

19

EXCERPTS FROM THE DEPOSITION of Christophe Jean-Marie. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

20

REPLY MEMORANDUM OF LAW by Delta Air Lines, Inc in further support of its [13-1] motion for summary judgment. (Johnson, Tanya) (Entered: 02/25/1999)

Feb. 23, 1999

Feb. 23, 1999

21

LETTER dated 2/24/99 from Ira G. Rosenstein, Esq., to Judge Nickerson proposing that oral argument be scheduled for 3/12/99 at 9:30. (Johnson, Tanya) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

22

Calendar entry: Motion hearing held before Judge Nickerson on 3/12/99. Counsel for both sides present. Decision is reserved on defendant's motion for summary judgment. (Johnson, Tanya) (Entered: 03/30/1999)

March 12, 1999

March 12, 1999

23

LETTER dated 7/23/1999 from ANN THACHER ANDERSON to EHN enclosing a copy of the decision in Balint v. Carson City, 79 F.E.P. Cas.[BNA] 1750 (9TH Cir. 1999), which supports the EEOC's opposition to Delta's pending motion for summary judgment. [Copy of decision is attached to the letter.] (Mackey, Donna) (Entered: 08/13/1999)

Aug. 13, 1999

Aug. 13, 1999

24

LETTER dated 7/30/99 from Ira G. Rosenstein, Esq., to Judge Nickerson requesting that this action be dismissed as to Delta Airlines. (Johnson, Tanya) (Entered: 08/31/1999)

Aug. 31, 1999

Aug. 31, 1999

25

NOTICE of attorney appearance for EEOC by Sunu P. Chandy (Johnson, Tanya) (Entered: 09/19/2000)

Sept. 13, 2000

Sept. 13, 2000

26

LETTER dated 10/29/01 from Sunu Chandy to Judge Nickerson advising of the EEOC's temporary address. Counsel is awaiting the decision of the Court re: its motion for summary judgment. (Rodriguez,Angela) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

CASE reassigned to Judge Sterling Johnson Jr. from Judge Nickerson. Parties Notified. (Villanueva, William) Modified on 01/22/2002 (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

27

SCHEDULING ORDER setting Pretrial conference for 9:30 on 4/22/02. (Signed by Judge Sterling Johnson Jr. on 4/2/02). (Reddy, Lisa) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

28

LETTER dated 4/11/02 from Ira G. Rosenstein, Esq. on behalf of deft to Judge Johnson to confirm that the Pretrial conf scheduled for 4/22/02 pursuant to 4/2/02 Scheduling Order has been adjourned to 5/6/02 at 9:30 AM. (Fernandez, Erica) (Entered: 04/16/2002)

April 16, 2002

April 16, 2002

29

LETTER dated 5/6/02 from Sunu P.Chandy, Esq. to Judge Johnson confirming that the conf has been rescheduled to 5/22/02 at 9:30 AM. Counsel also writes to inform of new temporary phone numbers as follow: Contact # 917-734-3598; Fax #:212-337-1075. (docket sheet updated) (Fernandez, Erica) (Entered: 05/21/2002)

May 21, 2002

May 21, 2002

30

LETTER dated 5/22/02 from Ira G. Rosenstein, Esq. to Judge Johnson enclosing a copy of the recent decision of the US Supreme Court in US Airways, Inc. v. Robert Barnett, which the Court may find useful in considering Delta's motion for summary judgment in this action. (Fernandez, Erica) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

31

MEMORANDUM and ORDER granting [13-1] motion for summary judgment pursuant to Fed. R. Civ.P.56 and judgment should enter dismissing the complaint. Signed by Judge Sterling Johnson Jr. , on 6/26/02. (fwd for judgment) c/m by chambers. (Fernandez, Erica) Modified on 07/10/2002 (Entered: 07/10/2002)

July 10, 2002

July 10, 2002

32

JUDGMENT directing that pltf take nothing of the deft; that the deft's motion for summary judgment is granted; and that complaint is dismissed. Signed by Robert C. Heinemann, Clerk of Court, on 7/10/02. c/m with appeals pkg. , (Fernandez, Erica) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1997

Closing Date: July 11, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Delta Airlines, Inc. (New York), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits