Here is the federal court complaint, captioned Quitasol v. The New York Times et al, 15-cv-04873 (SDNY filed June 23, 2015), in which plaintiff asserts claims of race, age, and gender discrimination against the New York Times and her manager:
Read More Age/Race/Gender Employment Discrimination Lawsuit Against The New York TimesIn Grigoryou v. Pallet Serv., Inc., No. 13-CV-00526AM, 2015 WL 1647139 (W.D.N.Y. Apr. 14, 2015), the court denied defendant’s motion to dismiss plaintiff’s age discrimination claims based on theories of disparate treatment (termination) and hostile work environment. Plaintiff (who is 51 years old) alleged, for example, that most of the other employees were between 20…
Read More Treating Older Worker Worse Than Younger Co-Workers Sufficient to Allege Age DiscriminationHere is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…
Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against BreitlingFor employment litigators in New York City, the New York City Human Rights Law (NYCHRL) is a formidable weapon against discrimination and harassment in the workplace. The NYCHRL’s protections are broad, particularly when compared with those offered by federal and state law. In Velazco v. Columbus Citizens Foundation et al (2nd Cir. Feb. 13, 2015),…
Read More Second Circuit Vacates Dismissal of NYC Human Rights Law Age Discrimination ClaimIn Hu v. UGL Services Unicco Operations Co., decided October 9, 2014, the Southern District of New York dismissed plaintiff’s age discrimination claims under the federal Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). One take-away point from this case…
Read More Absence of Ageist Comments Dooms Age Discrimination Case at the “Pretext” StageIn Delaney v. Bank of America et al. (decided 9/5/14), the Second Circuit affirmed the district court’s decision granting defendant summary judgment on plaintiff’s age discrimination and breach of contract claims. Age Discrimination As to plaintiff’s age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA), the court rejected plaintiff’s reliance on another…
Read More Second Circuit Affirms Dismissal of Age Discrimination and Breach of Contract ClaimsIn Vormittag v Unity Elec. Co., Inc., 12 CV 4116 RJD RLM, 2014 WL 4273303 [EDNY Aug. 28, 2014], the Eastern District of New York granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim, but denied it with respect to plaintiff’s retaliation claim. Plaintiff sued after being furloughed and fired due to a large-scale…
Read More Father’s Third-Party Retaliation Claim Arising From Daughter’s Sex Discrimination Charge Survives Summary JudgmentIn Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…
Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”A recent Eastern District decision, Sandvik v. Sears Holding/Sears Home Improvement Products, Inc., illustrates the nature and quantity of evidence necessary to overcome summary judgment in an age discrimination case under the federal Age Discrimination in Employment Act and its state/city law counterparts. Plaintiff – who worked for defendant for 38 years before his departure…
Read More Ageist Comments Support Discrimination Claim Against SearsBelow is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…
Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU