ADEA (Age Discrimination in Employment Act)

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In Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…

Read More Age and Disability-Based Hostile Work Environment Claims Dismissed
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In Kean v. Brinker International, Inc., 140 F.4th 759 (6th Cir. June 17, 2025), the U.S. Court of Appeals for the Sixth Circuit vacated the lower court’s award of summary judgment to the defendant on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). This decision is a good example of…

Read More ADEA Age Discrimination Claim Survives Summary Judgment; Fact Issues Existed as to Whether “Culture” Rationale Was Pretext for Discrimination
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In Ophir, Gol v. Koneska Health Inc., 2025 WL 1924081 (S.D.N.Y. July 14, 2025), the court denied plaintiff’s motion to amend his complaint alleging age discrimination. From the decision: In its decision dismissing the Complaint, the Court noted that while Plaintiff successfully identified a pay disparity between Koneksa’s two oldest employees and the rest of…

Read More Court Denies Plaintiff’s Motion to Amend Age Discrimination Complaint
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In Collins, Sam v. Federal Express Corporation, 2025 WL 1764809 (2d Cir. June 26, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work environment claims as being time-barred. From the decision: We also agree that Collins’ hostile-work-environment claims are time-barred. A hostile work…

Read More Hostile Work Environment Claims Against FedEx Properly Dismissed as Time-Barred, 2nd Circuit Holds
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In Regis v. Noem, Civil Action No. 24-2405 (SLS), 2025 WL 1580808 (D.D.C. June 4, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s complaint alleging age discrimination under the Age Discrimination in Employment Act (ADEA). Plaintiff, a 59 year-old former fingerprint specialist at the United States Secret Service, alleged that defendant subjected…

Read More Secret Service Fingerprint Specialist’s Age Discrimination Claim Survives Dismissal
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A recent decision from the Eighth Circuit, Jackson v. Hennepin Healthcare System, Inc., 134 F.4th 1262 (8th Cir. April 25, 2025), illustrates the perils of waiting to the very end of the statute of limitations to file a complaint. In sum, the plaintiff filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission,…

Read More Employment Discrimination Claim Held Untimely, Notwithstanding Claim of a “Computer Glitch” Affecting Electronic Filing
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In Couch v. City of Virginia Beach, ACTION NO. 2:22cv196, 2025 WL 672733 (E.D.Va. March 3, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: In determining whether alleged actions are “sufficiently severe or pervasive,” courts…

Read More Age-Based Hostile Work Environment Claim Dismissed; Yelling, Criticism, Changing Job Duties Insufficient
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In McCardle v. District of Columbia, Case No. 19-cv-3637 (JMC), 2025 WL 1167956 (D.D.C., 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: The District argues that McArdle cannot establish a hostile work…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment
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In Cohen v. Arnot Health, Inc. et al, 2025 WL 1197854 (2d Cir. April 25, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) and the New York State Human Rights Law…

Read More Age Discrimination Claims Properly Dismissed, Absent Adverse Employment Action
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In Puleo v. Masonic Medical Research Institute et al, 2025 WL 45393 (2d Cir. Jan. 8, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s determination that defendants were entitled to summary judgment on plaintiff’s age discrimination claims. From the decision: Puleo’s claim for age discrimination under the ADEA is…

Read More Age Discrimination Dismissal Upheld; Replacement by Younger Worker Insufficient
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