Age Discrimination

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In Testa v. CareFusion, 2018 WL 1611378 (E.D.N.Y. April 3, 2018), the court granted defendant’s summary judgment motion on plaintiff’s federal age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: The only evidence upon which plaintiff relies are alleged stray remarks made by Stuckert [the person to whom plaintiff directly…

Read More Age Discrimination Claim Dismissed Against CareFusion; Comments Were “Stray Remarks”
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In Hausdorf v. New York City Department of Education, 2018 WL 895657 (S.D.N.Y. Feb. 14, 2018), the court adopted a Report & Recommendation as to plaintiff’s age discrimination and retaliation claims.((The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently “hostile”) other claims under the NYCHRL’s election-of-remedies doctrine and failure to…

Read More Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal
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In Canty v. The Dept. of Educ. of the City of New York (Sup. Ct. Kings Cty. 500257/2015 Feb. 1, 2018), the court held, inter alia, that plaintiff – a 61 year-old, African teacher – stated a cause of action for retaliation and discrimination under the NYC Human Rights Law. In sum, the court held that…

Read More Teacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRL
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From JILL S. MEYER, M.D., Plaintiff-Appellant, v. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee,, 2018 WL 480478, at *2 (C.A.2 (N.Y.), 2018) (Summary Order): There is no basis to infer age discrimination from Meyer’s failure to obtain the staff psychiatrist position: she fails to identify any evidence that the reason the NJ VA did…

Read More Age Discrimination Claim Properly Dismissed; Hiring of Younger Workers Alone Insufficient
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In McGuire-Welch v. The House of the Good Shepherd, 16-4095, 2018 WL 443487 (2d Cir. Jan. 17, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. The court applied the principle that “anti-discrimination law does not…

Read More Stupid and Wicked? Maybe. Discrimination? Not Necessarily
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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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In Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…

Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…

Read More NYS Human Rights Law Claims Fail Under Federal Pleading Standard
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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