A recent case, Philippe v. Weckers, 2023 WL 4085880 (D.Md. June 20, 2023), illustrates the “administrative exhaustion” principle that is an integral component of federal employment discrimination law. Here, plaintiff did not take the necessary first step of filing a discrimination complaint with the EEOC, warranting dismissal: As an initial matter, the complaint and the…
Read More Failure to File EEOC Charge Dooms Discrimination ClaimsIn Spivey v. Mohawk ESV, Inc., 2023 WL 3918674 (4th Cir. June 9, 2023), the U.S. Court of Appeals for the Fourth Circuit affirmed the summary judgment dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). After summarizing the “black letter” law, the court applied it to the…
Read More Age Discrimination Dismissal Affirmed by the Fourth CircuitIn Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…
Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment AwardedIn Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…
Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently AllegedIn Milczak v. General Motors, LLC, Case No. 21-CV-11484, 2023 WL 3129473 (E.D.Mich. April 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act. From the decision: Even if plaintiff had exhausted his administrative remedies, the conduct he…
Read More “Old Fart” and Other Comments Insufficient to Create Hostile Work Environment: CourtIn Mackenzie v. New York City Dept. of Education, No. 21-CV-5711-LTS, 2023 WL 2711848 (S.D.N.Y. March 30, 2023), the court denied defendants’ motion to dismiss plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…
Read More Teacher Plausibly Alleges Age Discrimination, Court HoldsIn Roman v. City of New York, No. 161413/2021, 2023 WL 3225419 (N.Y. Sup Ct, New York County Apr. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age and race-based discrimination and hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges…
Read More Age- and Race-Based Discrimination Claims Sufficiently Alleged Against NYC Under the NYS and NYC Human Rights LawsIn Rysak v. Ferro Corporation, Civil Action No. 22-2311, 2023 WL 3138937 (E.D.Pa. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. Initially, there was no question that plaintiff made out a prima facie case of age discrimination; specifically, she was…
Read More Age Discrimination Claim Survives Summary Judgment; Performance Issues Not Raised Until After TerminationIn McCourt v. Fashion Institute of Technology, No. 162044/2018, 2023 WL 3175057 (N.Y. Sup Ct, New York County May 01, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim. Here, the first three elements of a discrimination claim are not disputed as plaintiff belongs to a protected class,…
Read More Age Discrimination Claim Dismissed Against Fashion Institute of TechnologyIn Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…
Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal