Age Discrimination

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On 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 Cases
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In 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 Sufficient
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In 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 Complaint
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In Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…

Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”
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In 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”
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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
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In Hooper v. PetSmart, Inc. et al, 2019 WL 4888651 (EDNY Sept. 30, 2019), the court denied plaintiff’s motion to amend an age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). The court held that plaintiff’s ADEA claim had three flaws; its discussion of each succinctly highlights important features of the…

Read More ADEA Claim Insufficiently Alleged Against PetSmart; Motion to Amend Deniedismissed Against PetSmart
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In Murtha v. New York State Gaming Commission et al, 17-cv-10040, 2019 WL 4450687 (S.D.N.Y. Sept. 17, 2019), the court, inter alia, dismissed plaintiff’s claim of hostile work environment asserted under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). The court summarized the pertinent law: The ADEA prohibits requiring people…

Read More Hostile Work Environment (Age/ADEA) Claim Insufficiently Alleged, Court Holds
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In Rosen v. N.Y.C. Dept. of Education, 2019 WL 4039958 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged age discrimination under theories of “constructive discharge” and “hostile work environment.” In order to make out a prima facie case under the ADEA, the court explained, a plaintiff must show…

Read More Teacher Plausibly Alleges Age Discrimination, Court Holds
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