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 ProvisionIn Kunik v. New York City Department of Education et al, 15-CV-9512, 2020 WL 508897 (S.D.N.Y. January 31, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims. The court explained that plaintiff’s claim faltered because she did not present sufficient evidence to establish an “adverse employment action,” which is the third step of the…
Read More Lack of “Adverse Employment Action” Dooms Teacher’s Discrimination ClaimIn Rogoff v Long Island University, No. 510388/2019, 2020 WL 337067, 2020 N.Y. Slip Op. 30147(U) (N.Y. Sup Ct, Kings County Jan. 21, 2020), the court held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. From the decision: Turning to plaintiff’s claims based on New York State…
Read More Age Discrimination Sufficiently Alleged by Long Island University (Brooklyn) Professor, Court HoldsIn Afrat v. Kimber Manufacturing, No. 2017-01081, 68808/15, 2020 N.Y. Slip Op. 00394, 2020 WL 356185 (N.Y.A.D. 2 Dept., Jan. 22, 2020), the Second Department affirmed the dismissal of plaintiff’s age discrimination claim. Plaintiff commenced an action in federal court, alleging age discrimination under the Age Discrimination in Employment Act of 1967 and state and…
Read More Age Discrimination Claims Properly Dismissed on Collateral Estoppel and Other GroundsIn Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…
Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian HospitalOn January 15, 2020, the U.S. Supreme Court heard oral argument in the case of Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs, No. 18-882. Here is the transcript of the argument. The statute at issue, 29 USCA § 633a, titled “Nondiscrimination on account of age in Federal Government employment”, provides in part: (a)…
Read More SCOTUS Hears Oral Argument on Causation Standard in Federal-Sector Age Discrimination CasesIn Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…
Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held SufficientIn Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…
Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended ComplaintIn Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…
Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health HospitalIn Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…
Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”