Age Discrimination

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In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York…

Read More Age Discrimination Claims Not Barred By the New York Whistleblower Law’s Waiver Provision
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In Caputo v. Copiague Union Free Sch. Dist., No. CV 15-5292 (DRH), 2016 WL 6581865 (E.D.N.Y. Nov. 4, 2016), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim under the Americans with Disabilities Act and the New York State Human Rights Law. The court summarized the law: In order to state a…

Read More Retaliation, But Not Age Discrimination, Claims Sufficiently Alleged; Seven-Month Gap Between Disability Accommodation Request and Alleged Retaliatory Act Not Too Long as a Matter of Law
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In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the decision as “a fifty-year-old United Kingdom native who describes herself as a dark-skinned black woman” – asserted claims of disparate treatment, discriminatory pay, and wrongful…

Read More Discriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
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In Donahue v. Asia TV USA Ltd., No. 15 CIV. 6490 (NRB), 2016 WL 5173381 (S.D.N.Y. Sept. 21, 2016), the court granted in part and denied in part plaintiff’s employment discrimination claims. While, for example, the court dismissed plaintiff’s hostile work environment claims under Title VII, the ADEA, and NYS Human Rights Law, it held…

Read More “Lazy Americans” Hostile Work Environment Claim Survives Dismissal; Court Strikes Unrelated Sexual Harassment Allegations From Plaintiff’s Complaint
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In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…

Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination Claim
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On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines the elements of a retaliation cause of action under the statutes administered by the EEOC – including Title VII of the Civil Rights Act of 1964, the Age…

Read More EEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
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Today I become a member of a protected class. The Age Discrimination in Employment Act of 1967, codified at 29 U.S.C. 621, is a federal law that prohibits discrimination based on age. Specifically, it prohibits discrimination against “individuals who are at least 40 years of age.” As of today, this includes me. The ADEA makes it…

Read More The Age Discrimination in Employment Act Now Protects Me
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In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim.…

Read More Age-Related Comments During Job Interview Insufficient to Establish Failure-to-Hire ADEA Claim
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In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York State Human Rights Law. As to plaintiff’s prima facie case, the Court explained:…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included Shifting of Responsibilities to Clerical Tasks and Ageist Remarks
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In an employment discrimination case, it is not uncommon for a defendant/employer to seek information/documents regarding the plaintiff’s prior employment. In Roazzi v. U.S. Builders Group et al (NY Sup. Ct. Index #152129/16), an age discrimination case, defendants sought authorizations for the plaintiff’s employment records going back ten years. Judge Wright granted plaintiff’s motion for…

Read More Court Grants Protective Order Regarding Prior Employment in Age Discrimination Case
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