Age Discrimination

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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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In Regis v. Noem, Civil Action No. 24-2405 (SLS), 2025 WL 1580808 (D.D.C. June 4, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s complaint alleging age discrimination under the Age Discrimination in Employment Act (ADEA). Plaintiff, a 59 year-old former fingerprint specialist at the United States Secret Service, alleged that defendant subjected…

Read More Secret Service Fingerprint Specialist’s Age Discrimination Claim Survives Dismissal
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A recent decision from the Eighth Circuit, Jackson v. Hennepin Healthcare System, Inc., 134 F.4th 1262 (8th Cir. April 25, 2025), illustrates the perils of waiting to the very end of the statute of limitations to file a complaint. In sum, the plaintiff filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission,…

Read More Employment Discrimination Claim Held Untimely, Notwithstanding Claim of a “Computer Glitch” Affecting Electronic Filing
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In McCrorey v. City of Philadelphia, 2025 WL 1392164 (3d Cir. May 14, 2025), the U.S. Court of Appeals for the Third Circuit, inter alia, vacated a lower court’s summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). In particular, the decision is instructive as to how courts…

Read More Age Discrimination Claim Resurrected From Summary Judgment Dismissal in Light of New Muldrow Standard
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In Couch v. City of Virginia Beach, ACTION NO. 2:22cv196, 2025 WL 672733 (E.D.Va. March 3, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: In determining whether alleged actions are “sufficiently severe or pervasive,” courts…

Read More Age-Based Hostile Work Environment Claim Dismissed; Yelling, Criticism, Changing Job Duties Insufficient
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In Matlock v. Board of Trustees of University of Illinois, 2025 WL 1359068 (N.D.Ill. May 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim. From the decision: The next question is whether, considering the above evidentiary limitations, Plaintiff has plausibly alleged that she was subjected to a…

Read More Age-Based Hostile Work Environment Claim Survives Dismissal
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In Moore v. Board of Public Utilities Employees’ Club, Inc., 2025 WL 1000733 (D.Kan. April 3, 2025), the court, inter alia, dismissed plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA), because plaintiff did not “administratively exhaust” that claim at the EEOC. From the decision: Defendant moves to dismiss Plaintiff’s ADEA claims…

Read More ADEA Age Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC
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In McCardle v. District of Columbia, Case No. 19-cv-3637 (JMC), 2025 WL 1167956 (D.D.C., 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: The District argues that McArdle cannot establish a hostile work…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment
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In Cohen v. Arnot Health, Inc. et al, 2025 WL 1197854 (2d Cir. April 25, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) and the New York State Human Rights Law…

Read More Age Discrimination Claims Properly Dismissed, Absent Adverse Employment Action
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In Fisher v. N-Stock Box, Inc., Case No. 1:23-cv-15, 2025 WL 1141842 (S.D.Ohio April 16, 2025), an employment discrimination case, the court granted defendant’s motion for judgment on the pleadings as to plaintiff’s hostile work environment claims, on the ground that plaintiff did not exhaust his administrative remedies at the U.S. Equal Employment Opportunity Commission…

Read More Hostile Work Environment Claims Dismissed Due to Failure to Exhaust Administrative Remedies
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