Age Discrimination

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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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In a recent complaint, captioned Torre et al v. Charter Communications, 19-cv-5708 and filed in the Southern District of New York,, plaintiffs assert gender and age discrimination under the New York State and City Human Rights Laws and the federal and New York Equal Pay laws.

Read More Gender/Age Discrimination Lawsuit Against Charter Communications / NY1
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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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