“Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted

In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and thus would be disallowed as “futile”), it held that plaintiff’s claim of age discrimination under the New York City Human Rights Law – when viewed in the light most favorable to plaintiff – “has merit, where the principal of plaintiff’s school allegedly told plaintiff that he was too old to teach.” (Emphasis added.) The court also noted that defendants failed to argue that any prejudice would occur as a result of the proposed amendment.

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