Puricelli v. Continental Casualty Company
United States District Court for the Northern District of New York
103 F.Supp.2d 91 (1999)
Diane Puricelli and Charles Hughes (plaintiffs), older claims adjusters, were demoted and reassigned, respectively, after Continental Casualty Company (defendant, doing business as CNA) acquired their employer; both quit and sued for age discrimination, alleging they belonged to the protected class of older workers, were qualified, that managers made disparaging age-related remarks, and that CNA applied new performance standards retroactively to justify adverse actions against them. CNA argued its actions were based solely on legitimate performance concerns, noted Hughes lost no pay and that others in his new unit had been promoted (undermining his 'dead-end' claim), and moved for summary judgment.
Whether plaintiffs who plead employment discrimination must allege their membership in a protected class, possession of requisite job qualifications, and subjection to adverse and discriminatory employment actions.