In Green v. Town of East Haven, 2020 WL 1146687 (2d Cir. March 10, 2020), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order grantinf defendant’s motion for summary judgment dismissing plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA) under a theory of…
Read More Constructive Discharge Claim Revived from Summary Judgment DismissalIn Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…
Read More Hostile Work Environment Claim Dismissal Vacated and RemandedIn Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…
Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian HospitalOn January 15, 2020, the U.S. Supreme Court heard oral argument in the case of Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs, No. 18-882. Here is the transcript of the argument. The statute at issue, 29 USCA § 633a, titled “Nondiscrimination on account of age in Federal Government employment”, provides in part: (a)…
Read More SCOTUS Hears Oral Argument on Causation Standard in Federal-Sector Age Discrimination CasesIn Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…
Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held SufficientIn Wilson v. Lenox Hill Hospital/Northwell Health, 2019 WL 6726304 (E.D.N.Y. Dec. 11, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The court summarized the law as follows (internal quotation marks and citations omitted; paragraphing altered):…
Read More Retaliation Claims Dismissed; Anonymous Complaint InsufficientIn Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…
Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended ComplaintIn Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…
Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health HospitalIn Downey and Bonner v. Adloox, Inc., 18‐3521‐cv (2d Cir. Oct. 24, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ age discrimination claims. This case aptly illustrates how the “stray remarks” doctrine operates in the age discrimination context. In sum, the court found that – notwithstanding two arguably age-related comments – plaintiffs…
Read More Age Discrimination Dismissal Affirmed; Termination Was Due to Poor Performance; “Old Timer” and “Young Sharks” Comments Were “Stray Remarks”In Wallace v. Esper, 18-cv-6525, 2019 WL 4805813 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: Wallace has also “ple[d] sufficient facts … to plausibly support a minimal inference of ‘but-for’ causality between [her] age” and these adverse…
Read More Attorney’s ADEA Age Discrimination Claim Survives Dismissal