Age Discrimination

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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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Below and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…

Read More “Reverse” Discrimination Case Against Heterosexual Teacher
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In Graves v. Deutsche Bank Securities, the Second Circuit (by Summary Order dated December 4, 2013) affirmed the dismissal of plaintiff’s claims against Deutsche Bank for age discrimination and retaliation under the federal Age Discrimination in Employment Act (ADEA) and the New York City Human Rights Law. Age Discrimination As to plaintiff’s age discrimination claim,…

Read More Court Affirms Dismissal of Age Discrimination and Retaliation Claims Against Deutsche Bank
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In Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…

Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights Law
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In Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…

Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim
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Here is the age discrimination and retaliation lawsuit filed in New York state court by Bernice Lowe, Angela Fletcher and Rosemary Mangum against retailer Loehmann’s and others. In the suit, captioned Lowe v. Loehmann’s Holdings Inc. et al (NY Sup. Ct. Index No. 160564/2013), plaintiffs allege discrimination and retaliation under the New York City Human Rights…

Read More Age Discrimination Lawsuit Against Loehmann’s
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Plaintiff and former school principal Michelle Askin alleged in a discrimination lawsuit that she was “subjected to unfair and excessive scrutiny and reprimands during 2010 to 2011, including an investigation into allegations of misconduct” and then terminated.  At the time, plaintiff was 54 and served as the principal of a school she had founded. In…

Read More Age Discrimination Complaint Against Dept. of Education Dismissed; No “Inference of Discrimination”
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Here is the age and gender discrimination lawsuit, captioned Reingold v. Cushman & Wakefield, Inc. (NY Sup Ct. index # 653626/2013) filed by Managing Director Suzy Reingold, 66, against real estate titan Cushman & Wakefield. The suit alleges, in sum, that notwithstanding plaintiff’s “stellar performance and extensive experience,” defendant discriminated against her on the basis of her…

Read More Suzy Reingold’s $20 Million Age and Gender Discrimination Lawsuit Against Cushman & Wakefield
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In Najjar v. Mirecki, 11-cv-5138 (SDNY July 2, 2013), the Southern District of New York held that a pro se plaintiff raised a triable issue of fact as to various claims of discrimination. This case illustrates the difference between the heightened “but for” and lessened “mixed motive” causation standards, as well as the differences between the…

Read More Age/Disability Discrimination Case Illustrates Difference Between “But For” and “Mixed Motive” Causation Standards
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Last week employee Michael Spiegel filed suit against the Hotel Edison, alleging violations of New York’s general whistleblower statute (New York Labor Law § 740) and age discrimination under the NY State and City Human Rights Laws. Spiegel alleges that he was treated unfairly and then fired after complaining about dangerous open windows without window…

Read More Employee Files Whistleblower and Age Discrimination Lawsuit Against Hotel Edison
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