Age Discrimination

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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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In Zdanowitz v. Queens-Long Island Medical Group, P.C., No. 159574/2017, 2022 WL 2387853, 2022 N.Y. Slip Op. 32050(U) (N.Y. Sup Ct, New York County July 01, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law. From the decision:…

Read More Age Discrimination Claim Survives Summary Judgment Against Queens-Long Island Medical Group
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In Gough v. Remedy Partners, LLC, No. 650623/2020, 2022 WL 2612436 (N.Y. Sup Ct, New York County July 07, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The complaint alleges that plaintiff was terminated…

Read More Age Discrimination Sufficiently Alleged; Plaintiff Was Terminated and Replaced by Employee 10 Years Younger
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Moore v. Louis Dejoy, 18-CV-9967, 2022 WL 1239688 (S.D.N.Y. April 27, 2022), the court dismissed plaintiff’s age-based hostile work environment claim, since plaintiff did not “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision: Because she did not file a formal complaint regarding alleged improper comments or a hostile…

Read More Hostile Work Environment Claim Not Administratively Exhausted; Dismissed
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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A recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…

Read More Hostile Work Environment Claim Dismissal Against IRS Affirmed
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