Age Discrimination

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In Godino v. Premier Salons, Ltd., No. 13705/13, 2016 NY Slip Op 05118, 2016 WL 3533532 (N.Y. App. Div. 2d Dept. June 29, 2016), the court affirmed the denial of defendants’ motion to dismiss plaintiff’s complaint alleging age discrimination and hostile work environment. On a motion to dismiss a complaint for failure to state a cause…

Read More Plaintiff Hairstylist Sufficiently Alleges Age Discrimination and Hostile Work Environment; Survives CPLR 3211(a)(7) Motion to Dismiss
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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In a recently-filed lawsuit, captioned Jones v. Trevor Tahiem Smith (a/k/a Busta Rhymes), 16-cv-2194 (EDNY filed 5/3/16), plaintiff – a chauffeur for the rapper known as Busta Rhymes – asserts that he was not paid wages or overtime to which he was entitled, and subjected to age discrimination. He asserts, for example, that Mr. Rhymes told…

Read More Wage and Age Discrimination Lawsuit Against Busta Rhymes
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In Lester v. New York State Office of Parks, Recreation & Historic Pres., No. 10863/09, 2016 WL 2338530 (N.Y. App. Div. 2nd Dept. May 5, 2016), the court held that the lower court should not have dismissed plaintiff’s age discrimination claim on summary judgment. Here are the facts, as summarized by the court: [P]laintiff worked for…

Read More Lifeguard’s Age Discrimination Case Survives Summary Judgment
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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In a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age, race, and gender discrimination against the New York Times. From the complaint: The New York Times, widely touted as the “paper of record,” has…

Read More Age, Race, Gender Discrimination Lawsuit Against the New York Times
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In Bennett v. Time Warner Cable, 2016 NY Slip Op 03103 (App. Div. 1st Dept. April 26, 2016), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims under the New York State and City Human Rights Laws for age discrimination based on a theory of “disparate impact.” The Second Circuit,…

Read More Disparate Impact Age Discrimination Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws
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In Krebaum v Capital One, N.A., 2016 NY Slip Op 02914 (App. Div. 1st Dept. April 14, 2016), the court modified a lower court’s order, and held that plaintiff’s claims of age discrimination and retaliation under the New York State and City Human Rights Law should have been denied. Upon review of the evidence in the…

Read More Negative Comments About Age Sufficient to Overcome Summary Judgment on Plaintiff’s Age Discrimination Claim
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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