ADEA (Age Discrimination in Employment Act)

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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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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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In Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the…

Read More Hostile Work Environment And Other Claims Survive Dismissal on Basis of the “Ministerial Exception”
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In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions…

Read More Court Dismisses Sex Discrimination, Age Discrimination, Retaliation, and Hostile Work Environment Claims Against Honeywell
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