Age Discrimination Sufficiently Alleged

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In Davis v. Miami-Dade County, 2024 WL 4051215 (11th Cir. Sept. 5, 2024), the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of plaintiff’s race and age discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination Act (ADEA). From the decision:…

Read More Age, Race Discrimination Claims Sufficiently Alleged; “Not Meeting Employer’s Vision” Was Insufficient to Defeat Discrimination Claims
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In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
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In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that…

Read More ADEA Age Discrimination (Termination) Claim Survives Dismissal; Plaintiff Alleged Negative Treatment Relative to Younger Employees
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Cline v. Clinical Perfusion Systems, Inc., No. 22-5107, 2024 WL 501616 (10th Cir. Feb. 9, 2024), the U.S. Court of Appeals for the Tenth Circuit, inter alia, held that the plaintiff sufficiently alleged age discrimination, and thus reversed a district court’s dismissal. From the decision: The district court erred by concluding that the FAC…

Read More Age Discrimination Sufficiently Alleged; “Inconsistent Legal Theories” Notwithstanding
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In Swanson v. Lilly USA, LLC, Case No. 1:23-cv-00831-TWP-TAB (S.D. Ind. Jan. 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful “for an employer to fail or refuse to hire or to…

Read More Age Discrimination Claim Sufficiently Pled; Allegations Include Replacement by Substantially Younger Person
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In a recent case, Treadwell v. District of Columbia, Case No. 23-cv-03616 (CRC), 2023 WL 8764349 (D.D.C. Dec. 19, 2023), the court, inter alia, held that plaintiff plausibly alleged a claim of age discrimination arising from alleged offensive, age-related comments. From the decision: Though not by much, Treadwell has sufficiently pled that OAG subjected her…

Read More Age-Related Comments Plausibly Support Hostile Work Environment Claim, Court Holds
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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