Age Discrimination

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In Roman v. City of New York, No. 161413/2021, 2023 WL 3225419 (N.Y. Sup Ct, New York County Apr. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age and race-based discrimination and hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges…

Read More Age- and Race-Based Discrimination Claims Sufficiently Alleged Against NYC Under the NYS and NYC Human Rights Laws
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In Rysak v. Ferro Corporation, Civil Action No. 22-2311, 2023 WL 3138937 (E.D.Pa. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. Initially, there was no question that plaintiff made out a prima facie case of age discrimination; specifically, she was…

Read More Age Discrimination Claim Survives Summary Judgment; Performance Issues Not Raised Until After Termination
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In McCourt v. Fashion Institute of Technology, No. 162044/2018, 2023 WL 3175057 (N.Y. Sup Ct, New York County May 01, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim. Here, the first three elements of a discrimination claim are not disputed as plaintiff belongs to a protected class,…

Read More Age Discrimination Claim Dismissed Against Fashion Institute of Technology
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In Schwartz v. Allstate Insurance Company, 2023 WL 2742059 (E.D.N.Y. March 31, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s religion and age-based hostile work environment claims. From the decision: Even if the Court were to consider the entire record, Plaintiff’s hostile work environment claim consists, at best, of Ferrara’s single “old…

Read More Age/Religion-Based Hostile Work Environment Claims Dismissed, Notwithstanding “Old Jewish Guy” Comment
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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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In Judson v. Elliott Management Corp., No. 652185/2021, 2023 WL 1800998 (N.Y. Sup Ct, New York County Feb. 06, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: While Plaintiff cannot state a claim for hostile…

Read More Age-Based Hostile Work Environment Sufficiently Alleged Against Elliott Management Corp.
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In Wasserman v. Kiran Ahuja, Director, Office of Personnel Management, et al, Defendants., No. 21-0026 (ABJ), 2023 WL 157319 (D.D.C. Jan. 11, 2023), the court dismissed plaintiff’s age- and gender-based hostile work environment claims asserted under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Conduct by “Mean Girls” Insufficient to Give Rise to Actionable “Hostile Work Environment”, Court HoldsEngaged in
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In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human…

Read More Age Discrimination Claim Properly Dismissed, First Department Holds
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…

Read More Court Affirms Dismissal of Age Discrimination Complaint
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