Age Discrimination

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In Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the Age Discrimination in Employment Act (ADEA). From the decision: Ms. Sfanos’s age-specific allegations are thinner, but they too are enough for now.…

Read More Age-Based Hostile Work Environment Claim Survives Dismissal
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s claims of age discrimination asserted under the New York State and City Human…

Read More Age Discrimination Claims Survive Summary Judgment Against Hotel, First Department Holds
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In McNeal v. City of Blue Ash, Ohio et al, 2024 WL 4262532 (6th Cir. Sept. 23, 2024), the court, inter alia, reversed the lower court award of summary judgment to defendant on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Because the facts here…

Read More Age-Based Hostile Work Environment Claim Resurrected from Summary Judgment
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In Davis v. Miami-Dade County, 2024 WL 4051215 (11th Cir. Sept. 5, 2024), the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of plaintiff’s race and age discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination Act (ADEA). From the decision:…

Read More Age, Race Discrimination Claims Sufficiently Alleged; “Not Meeting Employer’s Vision” Was Insufficient to Defeat Discrimination Claims
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In Schneidermesser v. NYU Grossman School of Medicine, 21 Civ. 7179 (DEH), 2024 WL 4135701 (S.D.N.Y. Sept. 10, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claims asserted under the Age Discrimination in Employment Act (ADEA) and New York State Human Rights Law. After summarizing the black-letter law,…

Read More Age-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Reference to Plaintiff as “Grandma” and “Old Lady”
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In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
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In Dabbasi v. Motiva Enterprises, L.L.C., 2024 WL 3422912 (5th Cir. July 16, 2024), the U.S. Court of Appeals for the Fifth Circuit reversed the lower court’s summary judgement dismissal on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: We begin with whether Motiva has proffered a…

Read More 5th Circuit Reverses Summary Judgment Dismissal of Age Discrimination Claim
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In Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male Employees
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In Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of employment discrimination – based on age and race – asserted under the New York State and City Human Rights Laws. From the decision:…

Read More Age, Race Discrimination Claims Survive Summary Judgment; Court Cites Derogatory Comments About Age, Accent
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In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that…

Read More ADEA Age Discrimination (Termination) Claim Survives Dismissal; Plaintiff Alleged Negative Treatment Relative to Younger Employees
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