Age Discrimination

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In Davis v. Miami-Dade County, 2024 WL 4051215 (11th Cir. Sept. 5, 2024), the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of plaintiff’s race and age discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination Act (ADEA). From the decision:…

Read More Age, Race Discrimination Claims Sufficiently Alleged; “Not Meeting Employer’s Vision” Was Insufficient to Defeat Discrimination Claims
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In Schneidermesser v. NYU Grossman School of Medicine, 21 Civ. 7179 (DEH), 2024 WL 4135701 (S.D.N.Y. Sept. 10, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claims asserted under the Age Discrimination in Employment Act (ADEA) and New York State Human Rights Law. After summarizing the black-letter law,…

Read More Age-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Reference to Plaintiff as “Grandma” and “Old Lady”
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In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
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In Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male Employees
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In Sanders v Cooperatieve Rabobank U.A., No. 158104/18, 2023-00393, 2136, 2024 N.Y. Slip Op. 02264, 2024 WL 1774512 (N.Y.A.D. 1 Dept., Apr. 25, 2024), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. From the decision: Defendant submitted…

Read More Age Discrimination Claim Properly Dismissed, Positive Performance Reviews Notwithstanding
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In Howell v. Northwest Mississippi Community College, CASE NO. 3:23CV33-MPM-DAS, 2024 WL 1611897 (N.D.Miss. April 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination (in violation of the Age Discrimination in Employment Act) arising from the non-renewal of plaintiff’s contract as head women’s basketball coach. In…

Read More Affidavit Constituted Direct Evidence of Age Discrimination; Summary Judgment Denied
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In Adams v. Equinox Holdings, Inc., 2024 WL 1787108 (2d Cir. Apr. 25, 2024) the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment dismissing plaintiff’s claims of discrimination asserted under the Age discrimination in Employment Act and the New York City Human Rights Law. From the decision:…

Read More 2d Circuit Affirms Summary Judgment for Equinox on Age Discrimination Claims
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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