McCluskey v. Local 78 of the International Alliance of Theatrical Stage Employees

On July 25, 2023, the United States District Court for the Southern District of New York issued a decision in McCluskey v. Local 78 of the International Alliance of Theatrical Stage Employees. Plaintiff James McCluskey, a stagehand, alleged that the union discriminated against him based on age and retaliated against him by refusing to refer him for job assignments, in violation of the Age Discrimination in Employment Act and the duty of fair representation. The court granted summary judgment to the union, finding that McCluskey failed to show that the union's actions were motivated by discriminatory animus or that its stated legitimate, non-discriminatory reasons were pretextual. The ruling underscored the high evidentiary bar for proving age discrimination in the context of union hiring halls.

The court granted summary judgment in favor of the defendant union, dismissing all of the plaintiff's claims with prejudice.

Whether the union unlawfully discriminated against the plaintiff because of his age and retaliated against him in violation of the ADEA and its duty of fair representation.

The case reaffirmed the legal standards for age discrimination claims against labor unions, emphasizing the need for concrete evidence of discriminatory motive. It highlighted the protections of the duty of fair representation while clarifying that unions may make legitimate, non-discriminatory referral decisions based on factors such as availability and qualifications.