Age Discrimination

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In Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…

Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related Comment
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In Peddy v. L’Oreal USA, Inc., 18-cv-7499, 2020 WL 4003587 (S.D.N.Y. July 15, 2020), the court, inter alia, dismissed (on summary judgment) plaintiff’s claim of retaliation asserted under the Age Discrimination in Employment Act. While the court ultimately based its decision on the fact that plaintiff failed to establish the element of “causation” as part…

Read More Retaliation Claim Dismissed; Court Discusses What Constitutes “Protected Activity”
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In Kuehl v. City of New York, No. 151282/2018, 2020 WL 3578442 (N.Y. Sup Ct, New York County July 01, 2020), the court, inter alia, dismissed plaintiff’s age-based constructive claim. From the decision: To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant…

Read More Age-Related Constructive Discharge Claim Dismissed; “Walter White”/Breaking Bad Reference Cited
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In Klaper v. Cypress Hills Cemetery, No. 2016-12547, 9951/15, 2020 N.Y. Slip Op. 03505, 2020 WL 3443488 (N.Y.A.D. 2 Dept. June 24, 2020), the court, inter alia, discussed and applied the NYC Human Rights Law’s “election of remedies” doctrine. Plaintiff alleged that, during his employment, his supervisors and coworkers referred to him by derogatory names…

Read More NYS Division of Human Rights Complaint Triggered Election of Remedies as to NYC Human Rights Law Claims, Court Holds
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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 Provision
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In 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 Claim
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In 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 Holds
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In 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 Grounds
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In 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 Hospital
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On 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 Cases
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