Age Discrimination

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In Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…

Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 Union
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In Tsoflias v. Barclays Capital Inc., 2018 Ny slip Op 31184(U), 2018 WL 2971165 (N.Y. Sup. Ct. June 6, 2018), the court held that, in light of the Supreme Court’s recent decision in Epic Sys. Corp. v Lewis, plaintiff’s claims of age and gender-based discrimination were subject to an arbitration agreement, and thus granted defendant’s…

Read More Age, Gender Discrimination Claims Against Barclays Capital Subject to Binding Arbitration, Court Holds
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In Kobos v. Target Corporation et al, 15–cv-5573, 2018 WL 2943575 (E.D.N.Y. June 12, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained the legal standard: To establish a claim for a hostile work environment, a plaintiff must show “that the complained of conduct: (1) is objectively severe or pervasive—that…

Read More Hostile Work Environment Claim Dismissed; “Unprofessional” and “Upsetting” Conduct Insufficient
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In Parron v. Verizon New York, Inc. et al, 17-cv-3848, 2018 WL 2538221 (S.D.N.Y. May 15, 2018), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination and hostile work environment claims under the Age Discrimination in Employment Act (ADEA). In finding that plaintiff did not show that his suspension occurred in…

Read More Age Discrimination Complaint Dismissed; Court Rejects Argument that Suspension for “Memory Issues” Was Discriminatory
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In Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…

Read More Employment Discrimination Claims Reinstated Against Father Reilly et al
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In ANNA WURTZBURGER, Plaintiff, v. EVERETT KORET, JERRY FLORY, JAMY FLORY, and FLORY CORP., Defendants., 16-cv-7897, 2018 WL 2209507, at *4 (S.D.N.Y. May 14, 2018), the court dismissed plaintiff’s failure-to-hire age discrimination claim under the Age Discrimination in Employment Act (ADEA). This case illustrates the importance of complying with that statute’s “administrative exhaustion” requirement. The law:…

Read More ADEA Claim Dismissed Due to Lack of Administrative Exhaustion
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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also dismissed plaintiff’s gender discrimination/sex stereotyping claim under Title VII of the Civil Rights Act of 1964. denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act…

Read More Age Discrimination (ADEA) Claim Survives Dismissal; “But For” Causation Need Not Be Established at the Pleading Stage [Famighette v. Joseph Rose and Town of Huntington]
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In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely.…

Read More Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]
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