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 the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Delta Airlines, Inc. at the United States District Court for the Eastern District of New York on September 30, 1997. The EEOC alleged religious discrimination and constructive discharge in violation of Title VII of the Civil Rights Act of 1964 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 conf…

The New York District Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Delta Airlines, Inc. at the United States District Court for the Eastern District of New York on September 30, 1997. The EEOC alleged religious discrimination and constructive discharge in violation of Title VII of the Civil Rights Act of 1964 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. After having discussions with his supervisors about the shift, he decided to resign from his job at Delta. The case was assigned to Judge Eugene H. Nickerson, and later reassigned to Judge Sterling Johnson, Jr.

After completing the discovery process, Delta moved for summary judgment on February 23, 1999. The court granted Delta's summary judgment motion on June 26, 2002, modified on July 10, 2002, holding that because Delta provided a reasonable accommodation--the possibility of a shift swap--to the complainant, the EEOC failed to make out a prima facie case for religious discrimination. EEOC v. Delta Airlines, 2002 WL 1447582 (E.D.N.Y.) (2002).

The case was closed.

Summary Authors

Justin Kanter (6/1/2007)

Chise Mori (4/3/2026)

Documents in the Clearinghouse

Documents in this case

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 1447582

Resources

Docket

Last updated March 24, 2025, 8:04 a.m.

ECF Number Date Description Link
1 Sept. 30, 1997

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

PACER
2 Oct. 14, 1997

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)

PACER
3 Nov. 26, 1997

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

PACER
4 Nov. 26, 1997

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

PACER
5 Jan. 30, 1998

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)

PACER
6 Feb. 4, 1998

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)

PACER
7 Aug. 12, 1998

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)

PACER
8 Oct. 14, 1998

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)

PACER
9 Oct. 14, 1998

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)

PACER
10 Oct. 15, 1998

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)

PACER
11 Oct. 20, 1998

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)

PACER
12 Dec. 14, 1998

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)

PACER
13 Feb. 23, 1999

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

PACER
14 Feb. 23, 1999

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

PACER
15 Feb. 23, 1999

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

PACER
16 Feb. 23, 1999

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)

PACER
17 Feb. 23, 1999

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)

PACER
18 Feb. 23, 1999

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

PACER
19 Feb. 23, 1999

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

PACER
20 Feb. 23, 1999

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)

PACER
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)

PACER
21 Feb. 26, 1999

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)

PACER
22 March 12, 1999

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)

PACER
23 Aug. 13, 1999

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)

24 Aug. 31, 1999

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)

PACER
25 Sept. 13, 2000

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

PACER
26 Nov. 19, 2001

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)

PACER
Jan. 18, 2002

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

PACER
27 April 4, 2002

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)

PACER
28 April 16, 2002

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)

PACER
29 May 21, 2002

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)

PACER
30 May 30, 2002

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)

PACER
31 July 10, 2002

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)

PACER
32 July 11, 2002

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)

PACER

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

Private Entity/Person

Delta Airlines, Inc.

Defendant Type(s):

Transportation

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of New York 1:97-cv-05646

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation