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Age Discrimination

In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and […]

In Grigoryou v. Pallet Servs., Inc., No. 1:13-CV-526-RJA-MJR, 2017 WL 722534 (W.D.N.Y. Jan. 25, 2017), report and recommendation adopted, No. 13-CV-526-A, 2017 WL 712607 (W.D.N.Y. Feb. 23, 2017),[1]The below excerpts are from the 1/25/17 Amended Report & Recommendation. the court granted defendant’s motion for summary judgement and dismissed plaintiff’s age discrimination (unlawful termination and hostile […]

In Morshed v. St. Barnabas Hosp., No. 16 CIV. 2862 (LGS), 2017 WL 543236 (S.D.N.Y. Feb. 10, 2017), the court overruled defendants’ claims that ten documents were “privileged under the self-critical analysis privilege, peer review privilege and quality assurance privileges.”[1]Specifically, defendants asserted the following as grounds for their assertion of privilege: Rule 501 of the […]

In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claims. From the decision: In moving for summary judgment dismissing plaintiff’s claims for age-based employment discrimination under […]

In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of […]

In a recently-filed Manhattan federal lawsuit, captioned Dr. Julie A. Jordan v. The Julliard School (SDNY 17-cv-491, filed Jan. 23, 2017), plaintiff Julie A. Jordan (age 62) asserts that she was terminated from her position as a Julliard piano faculty member after 30 years of service because of her age, in violation of the Age […]

In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to […]

In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary judgment dismissal of plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This decision is instructive on the quantity/quality […]

In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York […]

In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title […]