Age Discrimination Sufficiently Alleged

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In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws, finding that such claims were sufficiently alleged. From the decision: The motion to dismiss…

Read More Age Discrimination Sufficiently Alleged; Allegations Included Comments About Wanting the Company to be Younger
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In Stashak v. Phreesia, Inc., No. 25-CV-3808 (JMF), 2026 WL 249631 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: To bring a hostile work environment claim under the ADEA, a plaintiff “must show…

Read More Age-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Age-Based Jokes and Comments
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In Coleman v. Telles, No. 2:24-CV-00930-APG-MDC, 2025 WL 2962786 (D. Nev. Oct. 16, 2025), 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: The ADEA makes it unlawful to “discriminate against any individual with respect to his compensation,…

Read More ADEA Age Discrimination Claim Survives Dismissal; Allegations Included “Old Timer” Comment
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In Keenan v. Bloomberg, LP, No. 155679/2024, 2025 WL 675170 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age- and sex-based discrimination and hostile work environment, and retaliation, claims under the New York State and City Human Rights Laws. From the decision: Both the…

Read More News Anchor Sufficiently Alleges Age, Sex Discrimination Against Bloomberg LP, Court Holds
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In Ross v. Onegevity, Thorne Health Tech Inc., No. 655082/2023, 2025 WL 487499 (N.Y. Sup Ct, New York County Feb. 13, 2025), the court, inter alia, denied defendant’s motion for age discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss Plaintiff’s New York State Human Rights…

Read More Age Discrimination Claims Sufficiently Alleged Against Onegevity, Court Holds
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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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