Galanis, of Greek origin, is 73 years old. He has worked as a waiter at defendant Harmonie Club since 1988. In addition to supervisors and managers routinely “teasing” him about his age and questioning him about retirement plans, Galanis alleged that general manager Carey and others engaged in a concerted effort to force his retirement. Galanis objected to his managers’ age-based comments via a written complaint, complying with Club policies, prior to his August 2010 EEOC charge. His instant action asserted, among others, claims for age bias and retaliation violating the Age Discrimination in Employment Act, as well as claims for hostile work environment and retaliation on the basis of age and national origin violating Title VII of the Civil Rights Act. The court only partly granted defendants dismissal. As Title VII does not cover age as a protected category, Galanis could not assert age discrimination and retaliation claims under Title VII. Nor did Galanis’ complaint assert that anyone at the Club took action against him or made comments related to his national origin. In dismissing Galanis’ contract breach claims the court observed that he did not plead any facts about his union or its duty of fair representation.
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