Age Discrimination

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In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
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From Rettino v. NYC Dept. of Education, 2020 WL 4735299 (SDNY Aug. 14, 2020): The plaintiff’s allegations of hostile work environment that occurred after October 2017 are limited to allegations of failure to hire and retaliation. The plaintiff merely makes the conclusory statement that the school to which he had most recently been assigned denied…

Read More Age-Related Hostile Work Environment Claim Dismissed
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A recent decision, Hager v. Steele, 2020 WL 4345735 (S.D.N.Y. July 29, 2020), provides a neat refresher of Civil Procedure basics, and could easily form the basis for a first-year law school exam – or even a Bar Exam (‘Tis the season) – question. Plaintiff initially filed the action in state court – alleging, inter…

Read More Age Discrimination Case Will Remain in Federal Court; Motion to Remand Denied
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In Abadir v. Center One, LLC, 2020 WL 4474070 (W.D.N.Y. August 4, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court summarized the black-letter law as follows: To oppose summary judgment on a hostile work environment claim, this Court once held…

Read More Age Discrimination Claim Dismissed; Favoritism Existed But Insufficiently Connected to Age
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In Young v. Edwin Gould Services for Children and Families, 2020 WL 4287164 (EDNY July 27, 2020), the court dismissed plaintiff’s federal age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) on statute-of-limitations grounds. Plaintiff alleged, inter alia, that plaintiff’s supervisor (his former trainee) disrespected and lied abut plaintiff to others, that…

Read More Untimely EEOC Filing Results in Dismissal of ADEA Age Discrimination Claim
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In Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…

Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related Comment
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In Peddy v. L’Oreal USA, Inc., 18-cv-7499, 2020 WL 4003587 (S.D.N.Y. July 15, 2020), the court, inter alia, dismissed (on summary judgment) plaintiff’s claim of retaliation asserted under the Age Discrimination in Employment Act. While the court ultimately based its decision on the fact that plaintiff failed to establish the element of “causation” as part…

Read More Retaliation Claim Dismissed; Court Discusses What Constitutes “Protected Activity”
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In Kuehl v. City of New York, No. 151282/2018, 2020 WL 3578442 (N.Y. Sup Ct, New York County July 01, 2020), the court, inter alia, dismissed plaintiff’s age-based constructive claim. From the decision: To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant…

Read More Age-Related Constructive Discharge Claim Dismissed; “Walter White”/Breaking Bad Reference Cited
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In Klaper v. Cypress Hills Cemetery, No. 2016-12547, 9951/15, 2020 N.Y. Slip Op. 03505, 2020 WL 3443488 (N.Y.A.D. 2 Dept. June 24, 2020), the court, inter alia, discussed and applied the NYC Human Rights Law’s “election of remedies” doctrine. Plaintiff alleged that, during his employment, his supervisors and coworkers referred to him by derogatory names…

Read More NYS Division of Human Rights Complaint Triggered Election of Remedies as to NYC Human Rights Law Claims, Court Holds
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In Babb v. Wilkie, 2020 WL 1668281 (U.S. April 6, 2020), the U.S. Supreme Court interpreted the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 88 Stat. 74, 29 U.S.C. § 633a(a). That section provides, in relevant part: “All personnel actions affecting employees or applicants for employment who are at least…

Read More SCOTUS Interprets the ADEA’s Federal-Sector Provision
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