ADEA (Age Discrimination in Employment Act)

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In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely.…

Read More Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]
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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Testa v. CareFusion, 2018 WL 1611378 (E.D.N.Y. April 3, 2018), the court granted defendant’s summary judgment motion on plaintiff’s federal age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: The only evidence upon which plaintiff relies are alleged stray remarks made by Stuckert [the person to whom plaintiff directly…

Read More Age Discrimination Claim Dismissed Against CareFusion; Comments Were “Stray Remarks”
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In Hausdorf v. New York City Department of Education, 2018 WL 895657 (S.D.N.Y. Feb. 14, 2018), the court adopted a Report & Recommendation as to plaintiff’s age discrimination and retaliation claims.((The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently “hostile”) other claims under the NYCHRL’s election-of-remedies doctrine and failure to…

Read More Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal
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From JILL S. MEYER, M.D., Plaintiff-Appellant, v. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee,, 2018 WL 480478, at *2 (C.A.2 (N.Y.), 2018) (Summary Order): There is no basis to infer age discrimination from Meyer’s failure to obtain the staff psychiatrist position: she fails to identify any evidence that the reason the NJ VA did…

Read More Age Discrimination Claim Properly Dismissed; Hiring of Younger Workers Alone Insufficient
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In McGuire-Welch v. The House of the Good Shepherd, 16-4095, 2018 WL 443487 (2d Cir. Jan. 17, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. The court applied the principle that “anti-discrimination law does not…

Read More Stupid and Wicked? Maybe. Discrimination? Not Necessarily
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In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment…

Read More Age Discrimination Claims Properly Dismissed, Notwithstanding “Troubling” Conduct
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From Linda Murphy, appellant, v. Department of Education of the City of New York, et al., respondents., 2017 NY Slip Op 07609, 2017 WL 4930955 (N.Y.A.D. 2 Dept. Nov. 1, 2017): Here, the general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the…

Read More Age Discrimination Claims Dismissed; Incidents Were “Isolated” and “Episodic”
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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If you are a victim of employment discrimination in New York City and are prepared to formally pursue a claim (i.e., proceed beyond pre-filing negotiations), there are several procedural options available to you. These include (but may not be limited to): State Court, Federal Court, U.S. Equal Employment Opportunity Commission (EEOC), New York State Division…

Read More Employment Discrimination: Filing Options
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