Age Discrimination

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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged a discriminatory failure to promote claim under the New York State and City Human…

Read More NYPD Detective’s Failure-to-Promote Discrimination Claims, Based on Age and National Origin (Russian), Sufficiently Alleged Under NYS & NYC Human Rights Laws
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In Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…

Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
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A recent decision, Rimpel v. AdvantageCare Physicians, P.C., 2020 WL 5517281 (E.D.N.Y. Sept. 14, 2020), discusses and applies the “stray remarks” doctrine as it applies to a claim of “disparate treatment” discrimination: From the decision: Here, no reasonable jury could conclude by a preponderance of the evidence that Plaintiff’s termination was partially motivated by age…

Read More Age Discrimination Claims Dismissed Upon Application of the “Stray Remarks” Doctrine
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In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
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In Moccia v. Saul, 2020 WL 5406412 (2d Cir. Sept. 9, 2020) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s claims of employment discrimination and retaliation in violation of the Age Discrimination in Employment Act. Plaintiff here argued that the district court abused its discretion when it denied her request, pursuant to…

Read More Age Discrimination Dismissal Affirmed; Alleged Lack of Discovery Notwithstanding
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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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