Age Discrimination

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In Boger v. New York State Office of Parks, Recreation & Historic Preservation, 17-cv-289, 2019 WL 6038545 (N.D.N.Y. Nov. 14, 2019) – an age and discrimination case – the court, inter alia, precluded plaintiff from introducing so-called “me too” evidence from plaintiff’s co-workers who were also allegedly discriminated against. The court reasoned: Because Nagle and…

Read More Co-Worker Employment Discrimination Evidence Precluded as Prejudicial
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In Downey and Bonner v. Adloox, Inc., 18‐3521‐cv (2d Cir. Oct. 24, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ age discrimination claims. This case aptly illustrates how the “stray remarks” doctrine operates in the age discrimination context. In sum, the court found that – notwithstanding two arguably age-related comments – plaintiffs…

Read More Age Discrimination Dismissal Affirmed; Termination Was Due to Poor Performance; “Old Timer” and “Young Sharks” Comments Were “Stray Remarks”
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In Wallace v. Esper, 18-cv-6525, 2019 WL 4805813 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: Wallace has also “ple[d] sufficient facts … to plausibly support a minimal inference of ‘but-for’ causality between [her] age” and these adverse…

Read More Attorney’s ADEA Age Discrimination Claim Survives Dismissal
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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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