Age Discrimination

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In Ellis-Yancey v. Midwest Block & Brick/Quikrete Company, No. 4:25-CV-00822-JMB, 2026 WL 113595 (E.D. Mo. Jan. 14, 2026), the court, inter alia, dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, since they were not administratively exhausted at the U.S. Equal Employment Opportunity Commission. From the decision: Plaintiff’s claims in her…

Read More Race/Color/Gender Discrimination Claims Dismissed, as Not Administratively Exhausted at the EEOC
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In White v. Children’s Network of Southwest Florida LLC, No. 2:24-CV-00697-KCD-NPM, 2026 WL 98768 (M.D. Fla. Jan. 14, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claim. From the decision: As for the hostile work environment claim, employers can be liable when, despite not taking any tangible adverse action,…

Read More Age-Based Hostile Work Environment (ADEA( Claim Dismissed; “Old” Comments Insufficient to State a Claim
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In Rizvi v. Loudoun County School Board, No. 1:25-CV-307-MSN-IDD, 2025 WL 3514256 (E.D. Va. Dec. 5, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claims based on age, race, color, national origin, and religion. From the decision: Defendant further seeks to dismiss Plaintiff’s claims of hostile work environment under…

Read More Age, Race, Color, National Origin, Religion-Based Hostile Work Environment Claims Dismissed
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In Weaver v. Shasta Servs., LLC, No. 2:25-CV-00910-MJH, 2025 WL 2977874 (W.D. Pa. Oct. 22, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff brings age discrimination claims against Defendant under the ADEA and PHRA. Defendant argues that…

Read More ADEA Age Discrimination Claim Survives Dismissal; EEOC Administrative Remedy Exhausted
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In Scheppelman v. County of Berrien, No. 1:24-CV-1104, 2025 WL 3119191 (W.D. Mich. Nov. 7, 2025), the court granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to the absence of vicarious liability. Initially, the court held that plaintiff sufficiently alleged a hostile work environment: Scheppelman argues that she was constructively discharged…

Read More Age-Based Hostile Work Environment Claims Dismissed; Vicarious Liability Not Sufficiently Alleged
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In Tillman . Grenadier Realty Corp., GRC Management, 2025 WL 2910611 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: On appeal, Tillman argues that…

Read More Age Discrimination Claim Properly Dismissed; Financial Hardship Not Pretext for Termination
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In Caldrone v. Circle K Stores Inc., 2025 WL 2811320 (9th Cir. Oct. 3, 2025), the U.S. Court of Appeals for the 9th Circuit reversed and remanded the lower court’s award of summary judgment dismissing plaintiffs’ allegations of age discrimination (failure to promote) under the Age Discrimination in Employment Act (ADEA). The court proceeded to…

Read More ADEA Age Discrimination (Failure to Promote) Claims Resurrected From Summary Judgment Dismissal
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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Schneidermesser v. NYU Grossman School of Medicine, 2025 WL 2732877 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for reconsideration of the court’s denial of its motion for summary judgment as to plaintiff’s age-based hostile work environment claim. From the decision: NYU Langone raises two arguments in its motion. First, it…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment; Motion for Reconsideration Denied
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In McCarthy v. Motorola Solutions Inc. & Joshua Thompson, No. 21-CV-4020 (RER) (MMH), 2025 WL 2482247 (E.D.N.Y., 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claims of age discrimination under the New York City Human Rights Law. From the decision: First, Plaintiff has failed to connect Defendant Thompson’s conduct to…

Read More NYCHRL Age Discrimination Claim Dismissed; Alleged “Obnoxious and Overbearing” Was Not Discriminatory
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