Age Discrimination

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In Hooper v. PetSmart, Inc. et al, 2019 WL 4888651 (EDNY Sept. 30, 2019), the court denied plaintiff’s motion to amend an age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). The court held that plaintiff’s ADEA claim had three flaws; its discussion of each succinctly highlights important features of the…

Read More ADEA Claim Insufficiently Alleged Against PetSmart; Motion to Amend Deniedismissed Against PetSmart
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In Murtha v. New York State Gaming Commission et al, 17-cv-10040, 2019 WL 4450687 (S.D.N.Y. Sept. 17, 2019), the court, inter alia, dismissed plaintiff’s claim of hostile work environment asserted under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). The court summarized the pertinent law: The ADEA prohibits requiring people…

Read More Hostile Work Environment (Age/ADEA) Claim Insufficiently Alleged, Court Holds
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In a recent decision, Gindi v. NYC Dept. of Education, 18-3057-cv, 2019 WL 4254700 (2d Cir. Sept. 9, 2019) (Summary Order), the Second Circuit affirmed the district court’s dismissal – on statute of limitations grounds – of plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in…

Read More Title VII, ADEA, ADA Dismissal Affirmed on Statute of Limitations Grounds
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In Rosen v. N.Y.C. Dept. of Education, 2019 WL 4039958 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged age discrimination under theories of “constructive discharge” and “hostile work environment.” In order to make out a prima facie case under the ADEA, the court explained, a plaintiff must show…

Read More Teacher Plausibly Alleges Age Discrimination, Court Holds
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In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims
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In Scarborough v. U.S. Security Associates, Inc., 2019 WL 3369456 (S.D.N.Y. July 26, 2019) – an age and race employment discrimination case – the court denied defendant’s FRCP 12(c) motion for dismissal on the pleadings. Here, plaintiff had filed a complaint in the New York State Division of Human Rights, which issued a “no probable…

Read More Employment Discrimination Case Continues in Federal Court; “Election of Remedies” and Issue Preclusion Arguments Rejected
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From MARIOS PANAYIOTOU, Plaintiff, v. N.Y.C. DEPARTMENT OF EDUCATION, Defendant., 2019 WL 2453438, at *5 (E.D.N.Y., 2019): As to the alleged national origin- and age-based animus, the incidents as described are not severe or pervasive enough to support a hostile work environment claim. Again, the plaintiff cites the principal’s instruction to “speak clearly” – an…

Read More National Origin- and Age-Based Hostile Work Environment Claims Dismissed
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In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…

Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination Claims
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In Tsismentzoglou v. Milos Estiatorio Inc., 18-cv-9664, 2019 WL 2287902 (SDNY May 29, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: Plaintiff has not shown circumstances giving rise to even a minimal inference of discrimination, however, Tsismentzoglou does not provide…

Read More Age Discrimination Claim Dismissed; Court Finds “Young Man’s Game” Comment To Be a “Stray Remark”
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