Age Discrimination

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In Duff v. Royer Cooper Cohen Braunfeld LLC, No. 659884/2024, 2025 WL 1907934, 2025 N.Y. Slip Op. 32619(U) (N.Y. Sup Ct, New York County July 10, 2025), the court held that plaintiff did not have a viable breach of contract claim – in light of his “at will” employment status – his age discrimination claims…

Read More At-Will Employee Fails to State Breach of Contract Claim, But Age Discrimination Claims Survive
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In Kean v. Brinker International, Inc., 140 F.4th 759 (6th Cir. June 17, 2025), the U.S. Court of Appeals for the Sixth Circuit vacated the lower court’s award of summary judgment to the defendant on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). This decision is a good example of…

Read More ADEA Age Discrimination Claim Survives Summary Judgment; Fact Issues Existed as to Whether “Culture” Rationale Was Pretext for Discrimination
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In Ophir, Gol v. Koneska Health Inc., 2025 WL 1924081 (S.D.N.Y. July 14, 2025), the court denied plaintiff’s motion to amend his complaint alleging age discrimination. From the decision: In its decision dismissing the Complaint, the Court noted that while Plaintiff successfully identified a pay disparity between Koneksa’s two oldest employees and the rest of…

Read More Court Denies Plaintiff’s Motion to Amend Age Discrimination Complaint
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In Williams v. NYC DSS-HRA, No. 101114/2024, 2025 WL 1810234 (N.Y. Sup Ct, New York County July 01, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim under the New York City Human Rights Law. From the decision: Plaintiffs also attempt to plead a hostile work environment under…

Read More Hostile Work Environment Claim Dismissed; Allegations Evidenced “Workplace Frustration ” and “Inter-Personal Issues”
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In Collins, Sam v. Federal Express Corporation, 2025 WL 1764809 (2d Cir. June 26, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work environment claims as being time-barred. From the decision: We also agree that Collins’ hostile-work-environment claims are time-barred. A hostile work…

Read More Hostile Work Environment Claims Against FedEx Properly Dismissed as Time-Barred, 2nd Circuit Holds
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In Kay v. Banchik, No. 654454/2023, 2025 WL 1707867 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, held that plaintiff failed to state age and gender discrimination claims under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss Plaintiff’s remaining allegations for failure…

Read More Age, Sex Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, Dismissed
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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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In Regis v. Noem, Civil Action No. 24-2405 (SLS), 2025 WL 1580808 (D.D.C. June 4, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s complaint alleging age discrimination under the Age Discrimination in Employment Act (ADEA). Plaintiff, a 59 year-old former fingerprint specialist at the United States Secret Service, alleged that defendant subjected…

Read More Secret Service Fingerprint Specialist’s Age Discrimination Claim Survives Dismissal
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A recent decision from the Eighth Circuit, Jackson v. Hennepin Healthcare System, Inc., 134 F.4th 1262 (8th Cir. April 25, 2025), illustrates the perils of waiting to the very end of the statute of limitations to file a complaint. In sum, the plaintiff filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission,…

Read More Employment Discrimination Claim Held Untimely, Notwithstanding Claim of a “Computer Glitch” Affecting Electronic Filing
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In McCrorey v. City of Philadelphia, 2025 WL 1392164 (3d Cir. May 14, 2025), the U.S. Court of Appeals for the Third Circuit, inter alia, vacated a lower court’s summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). In particular, the decision is instructive as to how courts…

Read More Age Discrimination Claim Resurrected From Summary Judgment Dismissal in Light of New Muldrow Standard
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