Age Discrimination

In Kay v. Banchik, No. 2025–04416, 2026 WL 1655952 (N.Y. App. Div. June 9, 2026), the court modified a lower court order to deny defendants’ motion to dismiss plaintiff’s employment discrimination complaint (for actions after a specified date) alleging discrimination under New York State and City Human Rights Laws. From the decision: The court properly…

Read More Age, Gender Discrimination Claims Sufficiently Alleged; Termination Shortly Followed Implementation of Policy Favoring Younger Partners
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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 Burgess v. Alamo Drafthouse et al, No. CV 25-02640 (AHA), 2026 WL 1070905 (D.D.C. Apr. 20, 2026), the court held that plaintiff failed to state a claim for age or race discrimination respectively under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Age, Race Discrimination Claims Dismissed Against Alamo Drafthouse
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In Wilkinson v. Douglas Collins, Sec’y, U.S. Dep’t of Veterans Affs., No. 3:24-CV-01749-AP, 2026 WL 396526 (D. Or. Feb. 12, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA), on the ground that plaintiff failed to exhaust administrative remedies. From the decision: Under…

Read More ADEA Age Discrimination Claim Dismissed for Failure to Exhaust Administrative Remedies
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In Shuby v. Yale Univ., No. 3:25-CV-645 (AWT), 2026 WL 63352 (D. Conn. Jan. 8, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability and age discrimination claims under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s disability discrimination claims, the court explained:…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Age, Disability Discrimination Claims
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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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