Age Discrimination

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In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of…

Read More Court Dismisses Contract Law Firm Partner’s Religious & Age Discrimination Claims
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary judgment dismissal of plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This decision is instructive on the quantity/quality…

Read More 2d Circuit Overturns Summary Judgment as to One Transit Authority Employee’s Age Discrimination Case; “Retire” Comment Was Not a “Stray Remark”
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In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York…

Read More Age Discrimination Claims Not Barred By the New York Whistleblower Law’s Waiver Provision
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In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title…

Read More Distinguishing Between “Sexual Orientation Discrimination” and “Gender Stereotyping”, Court Dismisses Gay Man’s Discrimination Claim
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In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the decision as “a fifty-year-old United Kingdom native who describes herself as a dark-skinned black woman” – asserted claims of disparate treatment, discriminatory pay, and wrongful…

Read More Discriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
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In Donahue v. Asia TV USA Ltd., No. 15 CIV. 6490 (NRB), 2016 WL 5173381 (S.D.N.Y. Sept. 21, 2016), the court granted in part and denied in part plaintiff’s employment discrimination claims. While, for example, the court dismissed plaintiff’s hostile work environment claims under Title VII, the ADEA, and NYS Human Rights Law, it held…

Read More “Lazy Americans” Hostile Work Environment Claim Survives Dismissal; Court Strikes Unrelated Sexual Harassment Allegations From Plaintiff’s Complaint
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In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint – alleging employment discrimination, retaliation, and harassment – on statute of limitations and other grounds. Here’s the law: An action alleging an employer’s…

Read More Days-Late Employment Discrimination Lawsuit Dismissed
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In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…

Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination Claim
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