![]() § 1983, Butler also alleged that defendants Vacco and Flynn, in their official capacities, violated her right to freedom of association under the constitutions of the United States and New York State by firing her because she was not politically affiliated with Vacco or anyone in his political party.Ĭonsideration of these factors reveals that the District Court was correct in concluding that Butler held a policymaking position, and was therefore excepted from First Amendment protection against political patronage dismissals. (the "ADEA"), and the New York Human Rights Law (the "NYHRL"), Executive Law § 290 et seq., and on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. The complaint alleged that the NYSDL discriminated against her on the basis of age in violation of the Age Discrimination in Employment Act, 29 U.S.C. Butler filed a complaint in federal district court on Jagainst the NYSDL, AG Vacco, and First Deputy Attorney General William Flynn. She subsequently received a right to sue letter from the EEOC, dated May 1, 1996, indicating that its review of the evidence failed to reveal that discrimination had taken place. On January 25, 1996, Butler timely filed a charge of discrimination with the Equal Employment Opportunity Commission (the "EEOC"), alleging that her employment had been terminated because of her age and sex. Having granted summary judgment to defendants on the federal claims, the district court declined to exercise supplemental jurisdiction over plaintiff's state law claims. The court also called into question Butler's status as an "employee" entitled to sue under the statutes. The district court also found that Butler had failed to adduce sufficient evidence to establish a prima facie case for her federal law claims of sex and age discrimination. ![]() Alternatively, the district court held that defendants Vacco and Flynn, individually, were entitled to dismissal on the ground of qualified immunity. The district court held that Butler could not prevail on her First Amendment free association claim because she was a policymaker and could therefore be fired for reasons of political patronage. In addition, she claimed that defendants fired her because of her age and sex in violation of federal and state employment discrimination statutes. Butler brought a complaint against defendants alleging that she had been fired from her position as a Deputy Bureau Chief of the Litigation Department at the NYSDL in violation of her right to freedom of association 1 under the First Amendment to the United States Constitution and the New York Constitution.
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