Age Discrimination

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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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In Suskin v. Oehl, No. 153635/2022, 2022 WL 17581514 (N.Y. Sup Ct, New York County Dec. 08, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for age discrimination under both…

Read More Age Discrimination Claim Survives Dismissal; Job Duties Were Transferred to Younger Employee
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In Gregorian v. New York Life Insurance Company, No. 2019-10749, 34349/05, 2022 N.Y. Slip Op. 06917, 2022 WL 17480742 (N.Y.A.D. 2 Dept., Dec. 07, 2022), the court reversed the lower court’s summary judgment dismissal. From the decision: Here, the Supreme Court properly determined that Gregorian set forth a prima facie case of age discrimination (see…

Read More Age Discrimination Claims Survive Summary Judgment Against New York Life Insurance Company
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In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…

Read More Court Affirms Dismissal of Age Discrimination Complaint
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…

Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary Judgment
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In Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…

Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls Applied
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In Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…

Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary Judgment
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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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In Wetzel v. Systra USA Inc., No. 151707/2022, 2022 WL 16574840 (N.Y. Sup Ct, N.Y. Cty. Nov. 01, 2022), the court dismissed plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. After holding that plaintiff failed to state a claim under the New York State Human Rights Law, court…

Read More Age Discrimination Claims Dismissed; Younger Workers Also Suffered Detriment
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