Age Discrimination

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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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In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More CUNY Italian Professor’s Age Discrimination Claims Sufficiently Alleged
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In Diresta v. Biz2Credit Inc. et al, 21-cv-208, 2021 WL 6052104 (S.D.N.Y. Dec. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act of 1967. From the decision: The Amended Complaint does not allege facts that either provide “minimal support for the proposition that the…

Read More Age Discrimination (Failure-to-Hire) Claim Dismissed
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In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
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In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and…

Read More “Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted
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In Rosen v. N.Y.C. Department of Education, et al., 18-cv-06670, 2021 WL 5279396 (S.D.N.Y. Nov. 12, 2021), an age discrimination case, the court granted plaintiff’s motion to compel a deposition of a non-party witness, namely, plaintiff’s alleged (younger) “comparator.” In sum, plaintiff alleges (among other things) that the majority of her teacher duties were assigned…

Read More Age Discrimination Plaintiff’s Motion to Compel Deposition Testimony of Comparator Granted
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In Cagino v. Meg Levine et al, No. 532458, 2021 WL 5113121 (N.Y.A.D. 3 Dept. Nov. 04, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s age discrimination claim asserted under the New York State Human Rights Law. After affirming the dismissal of plaintiff’s religious discrimination claim, the court explained: We reach a similar…

Read More Age Discrimination Complaint Properly Dismissed; Court Holds That Allegations of Replacement by Person of Unspecified Age, and Retirement Inquiries, Were Insufficient
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In Goldman v. Sol Goldman Investments, LLC, et al., 20-cv-06727, 2021 WL 4198253 (S.D.N.Y. Sept. 14, 2021), the court held that plaintiff sufficiently alleged that named defendant Sol Goldman Investments was plaintiff’s “employer” for purposes of his claims under the Age Discrimination in Employment Act (ADEA) and the New York State and City Human Rights…

Read More Court Discusses and Applies the “Single Employer” Doctrine in ADEA Discrimination Case
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