Age Discrimination

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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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In Laface v. Eastern Suffolk BOCES et al, 2019 WL 1959489 (EDNY May 2, 2019), the court, inter alia, dismissed plaintiff’s claim of discrimination under the Age Discrimination in Employment Act (ADEA). The court provides the following overview of the law: To plausibly allege an actionable ADEA discrimination claim based on hostile work environment, the…

Read More ADEA Discrimination/Hostile Work Environment Complaint Dismissed Against Eastern Suffolk BOCES
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From Williams v New York City Transit Authority, No. 2017-02335, 505636/16, 2019 N.Y. Slip Op. 02747, 2019 WL 1549176 (N.Y.A.D. 2 Dept., Apr. 10, 2019): We agree with the Supreme Court’s determination that, based on the prior federal determination, the plaintiff is collaterally estopped from asserting the NYSHRL causes of action. The doctrine of collateral…

Read More Employment Discrimination Claims Properly Dismissed on the Ground of Collateral Estoppel
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In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie
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In Nixon v. TWC Administration LLC, 16-cv-6456, 2019 WL 1428348 (SDNY March 29, 2019), the court, inter alia, dismissed plaintiff’s age discrimination (wrongful termination) claim under the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff conceded that she violated several of defendant’s policies, but claimed that her termination based on such violations was a…

Read More Age Discrimination Claim Dismissed; “Dinosaur” and Other Comments Lacked Sufficient Nexus to Termination
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In Rea v. New York State Dept. of Transportation, 2019 WL 1409977 (N.D.N.Y. March 28, 2019), the court granted defendant’s motion to dismiss plaintiff’s Age Discrimination in Employment Act (ADEA). In sum, the court held that the DOT may not be sued in federal court, in light of the Eleventh Amendment: The DOT is an…

Read More Age Discrimination Claim (ADEA) Against NYS Dept. of Transportation Dismissed on Eleventh Amendment Grounds
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In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”
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In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination
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