Age Discrimination

In Tillman . Grenadier Realty Corp., GRC Management, 2025 WL 2910611 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: On appeal, Tillman argues that…

Read More Age Discrimination Claim Properly Dismissed; Financial Hardship Not Pretext for Termination
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In Caldrone v. Circle K Stores Inc., 2025 WL 2811320 (9th Cir. Oct. 3, 2025), the U.S. Court of Appeals for the 9th Circuit reversed and remanded the lower court’s award of summary judgment dismissing plaintiffs’ allegations of age discrimination (failure to promote) under the Age Discrimination in Employment Act (ADEA). The court proceeded to…

Read More ADEA Age Discrimination (Failure to Promote) Claims Resurrected From Summary Judgment Dismissal
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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Schneidermesser v. NYU Grossman School of Medicine, 2025 WL 2732877 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for reconsideration of the court’s denial of its motion for summary judgment as to plaintiff’s age-based hostile work environment claim. From the decision: NYU Langone raises two arguments in its motion. First, it…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment; Motion for Reconsideration Denied
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New York is a city of ambition, hustle, and incredible opportunity. But for some, the daily grind is made unbearable by a different kind of challenge: workplace bullying. While it’s a pervasive issue across the country, New York’s unique legal landscape offers both hurdles and pathways for those who are targeted. So, what exactly is…

Read More Workplace Bullying in New York
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In McCarthy v. Motorola Solutions Inc. & Joshua Thompson, No. 21-CV-4020 (RER) (MMH), 2025 WL 2482247 (E.D.N.Y., 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claims of age discrimination under the New York City Human Rights Law. From the decision: First, Plaintiff has failed to connect Defendant Thompson’s conduct to…

Read More NYCHRL Age Discrimination Claim Dismissed; Alleged “Obnoxious and Overbearing” Was Not Discriminatory
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In Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…

Read More Age and Disability-Based Hostile Work Environment Claims Dismissed
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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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