Age Discrimination

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In Lopez v. New York State Div. of Human Right[s], No. 150760/2021, 2021 WL 2480062 (N.Y. Sup Ct, New York County June 17, 2021), the court denied the petitioner’s CPLR Article 78 petition to overturn an adverse administrative finding on his claim of age discrimination, and granted a cross-motion granting a CPLR 3211 motion to…

Read More Age Discrimination Complaint Dismissed; Article 78 Petition to Overturn NYS Division of Human Rights Determination Denied
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In Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…

Read More Teacher’s Hostile Work Environment Claims Dismissed
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In Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…

Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone Sufficient
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In Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the New York City Human Rights Law. After determining that plaintiff sufficiently alleged claims for…

Read More Age-Based Hostile Work Environment Claim Survives Against Harlem Hospital
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In Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. Notably, this decision considers, and rejects, defendants’ attempt…

Read More Age Discrimination Claims Survive Dismissal Against NYC Health & Hospitals Corp.; Alleged Ageist Comments Were Not “Stray Remarks”
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In Lent v. The City of New York, No. 150403/2020, 2021 WL 2165646,  2021 N.Y. Slip Op. 31805(U), 6 (N.Y. Sup Ct, New York County May 19, 2021), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. Generally, in order to make out a retaliation…

Read More NYPD Employee’s Retaliation Claims Dismissed; No “Protected Activity” Where Underlying Complaint Did Not Sufficiently Identify Harassment Based on Age
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In Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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In Farid v. City of New York et al, No. 19-3463, 2021 WL 2012425 (EDNY May 20, 2021), the court, inter alia, dismissed plaintiff’s claim of retaliation under the Age Discrimination in Employment Act (ADEA). Specifically, the absence of any “adverse action” following plaintiff’s complaint of age discrimination doomed his claim: Plaintiff alleges that he…

Read More Absent Adverse Action, Retaliation Claim (Based on Age Discrimination Complaint) Dismissed
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In Leach v. University at Buffalo Pediatric Associates, Inc., 2021 WL 1723129 (W.D.N.Y. April 30, 2021), the court held that plaintiff sufficiently alleged age and gender discrimination claims. From the decision: Taking Leach’s allegations as true, she has adequately pleaded the adverse action element of a claim. She states that she was offered a choice…

Read More Age and Gender Discrimination Claims, Arising From Allegation of Forced Retirement, Survive Dismissal
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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