Zoulas v. Department of Education

District Court, S.D. New York

Zoulas v. Department of Education

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X PEGGY ZOULAS,

Plaintiff, 18 CIVIL 2718 (GHW)

-against- JUDGMENT

NEW YORK CITY DEPARTMENT OF EDUCATION,

Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 1, 2021, Because Zoulas

has failed to adduce evidence that she suffered an adverse employment action within the 300 days

prior to when she filed her SDHR complaint, her ADEA discrimination claim is time-barred.

Because Zoulas has failed to adduce evidence from which a reasonable jury could conclude that,

after filing her SDHR complaint, she began to experience conduct that would discourage a

reasonable person from filing such a complaint, she has not shown a genuine issue of material fact

with respect to her ADEA retaliation claim. Finally, because Zoulas has filed to adduce evidence

from which a reasonable jury could conclude that she was subjected to such hostile and pervasive

abuse and harassment on account of her age that the terms of her employment were changed, she

has failed to demonstrate a genuine issue of material fact with respect to her ADEA hostile work

environment claim. For those reasons, the NYCDOE’s motion for summary judgment on all three

of Zoulas’s claims is GRANTED. The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that any

appeal from this order would not be taken in good faith, and therefore IFP status is denied for the

purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). Judgment is entered

for the defendant, and the case is closed. Dated: New York, New York September 2, 2021

RUBY J. KRAJICK Clerk of Co BY: D . Clerk

Reference

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