Age Discrimination

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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff’s factual allegations satisfy the pleading requirements for an ADEA hostile work environment…

Read More Teacher’s Age-Based Hostile Work Environment Claim Survives Dismissal
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In Jenkins v. District of Columbia, No. 17-2730 (TSC), 2023 WL 4183795 (D.D.C. June 26, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA) – for failure to exhaust administrative remedies at the EEOC. The court summarized this requirement as follows: Before…

Read More Age Discrimination Claims Dismissed For Failure to Exhaust Administrative Remedies at the EEOC
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In Rogoff v. Long Island University, No. 510388/2019, 2023 WL 4365404 (N.Y. Sup Ct, Kings County July 06, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under the New York State and City Human Rights Laws. From the decision. Likewise, the record is adequate for plaintiff’s…

Read More Retaliation Claim Survives Summary Judgment; Demotion Closely Followed Complaint of Age Discrimination
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In Doyle v. Mid-Hudson Valley Federal Credit Union, 20 CV 2087 (NSR), 2023 WL 4297192 (S.D.N.Y. June 30, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act and New York State Human Rights Law. From the decision: Plaintiff presents a litany of…

Read More Age Discrimination Claims Survive Summary Judgment; Evidence Included Age-Related Comments and Hiring of Younger Replacement
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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 Claims
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In 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 Circuit
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In 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 Awarded
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In 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 Alleged
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In 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: Court
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In 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 Holds
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