Age Discrimination

In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company
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According to a recent article, employers may be finding new ways to mask age discrimination in hiring – namely, by advertising and/or stating a preference for so-called “digital natives.” A “digital native” – as opposed to a “digital immigrant” – has been defined as “a person who was born just before during or after the general…

Read More Ads Seeking “Digital Natives” May Evidence Age Discrimination
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In Leon v. NYC Dept. of Education, a Summary Order dated May 22, 2015, the Second Circuit vacated the dismissal of plaintiff’s age/disability discrimination, retaliation, and accommodation claims, and held that a finding pursuant to NY Education § 3020-a that a teacher was fired for “cause” does not necessarily preclude a viable claim for (e.g.) discriminatory termination…

Read More Employment Discrimination Claims Not Collaterally Estopped By Finding That Teacher Was Fired For “Cause” Under New York Education Law § 3020-a
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In Rollins v. Fencers Club, Inc. (App. Div. 1st Dept. May 5, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging age discrimination in violation of the NYC Human Rights Law. As a result, plaintiff gets a trial on her claims. The court analyzed plaintiff’s…

Read More Age Discrimination Plaintiff Defeats Summary Judgment; Age-Related Comments Were Not “Stray Remarks”
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In Grigoryou v. Pallet Serv., Inc., No. 13-CV-00526AM, 2015 WL 1647139 (W.D.N.Y. Apr. 14, 2015), the court denied defendant’s motion to dismiss plaintiff’s age discrimination claims based on theories of disparate treatment (termination) and hostile work environment. Plaintiff (who is 51 years old) alleged, for example, that most of the other employees were between 20…

Read More Treating Older Worker Worse Than Younger Co-Workers Sufficient to Allege Age Discrimination
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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For employment litigators in New York City, the New York City Human Rights Law (NYCHRL) is a formidable weapon against discrimination and harassment in the workplace. The NYCHRL’s protections are broad, particularly when compared with those offered by federal and state law. In Velazco v. Columbus Citizens Foundation et al (2nd Cir. Feb. 13, 2015),…

Read More Second Circuit Vacates Dismissal of NYC Human Rights Law Age Discrimination Claim
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In Carter v. Verizon, decided January 20, 2015, the Southern District of New York dismissed all of plaintiff’s gender and age discrimination claims, except for his gender discrimination / hostile work environment claim under the New York City Human Rights Law (NYCHRL). After dismissing plaintiff’s federal and state law claims, the court proceeded to assess plaintiff’s…

Read More Male Employee (Barely) Survives Dismissal of Hostile Work Environment Claim Under the New York City Human Rights Law
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In Bennett v. Time Warner Cable, the Supreme Court, New York County, held that plaintiffs sufficiently pleaded age discrimination claims under both a “disparate treatment” and “disparate impact” theory. Here are the alleged facts, as summarized by the court: Plaintiffs, whose ages range between 51 and 69, are employees of TWC, and until about September…

Read More Plaintiffs Sufficiently Allege “Disparate Treatment” and “Disparate Impact” Age Discrimination Claims Against Time Warner Cable
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In Hu v. UGL Services Unicco Operations Co., decided October 9, 2014, the Southern District of New York dismissed plaintiff’s age discrimination claims under the federal Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). One take-away point from this case…

Read More Absence of Ageist Comments Dooms Age Discrimination Case at the “Pretext” Stage
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