Age Discrimination

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In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and…

Read More “Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted
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In Cagino v. Meg Levine et al, No. 532458, 2021 WL 5113121 (N.Y.A.D. 3 Dept. Nov. 04, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s age discrimination claim asserted under the New York State Human Rights Law. After affirming the dismissal of plaintiff’s religious discrimination claim, the court explained: We reach a similar…

Read More Age Discrimination Complaint Properly Dismissed; Court Holds That Allegations of Replacement by Person of Unspecified Age, and Retirement Inquiries, Were Insufficient
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In Erazo-Vazquez v. State Industrial Products Corp., 16-2709, 2021 WL 3910248 (D.Puerto Rico Aug. 31, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim. Initially, the court cautioned against “blurring” the distinction between hostile work environment claims, on the one hand, and discrimination and retaliation claims, on the other: Plaintiff’s allegations closely…

Read More Hostile Work Environment Claim Dismissed; Court Cautions Against “Repurposing” Discrete Acts Supporting Discrimination and Retaliation Claims
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In Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…

Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources Administration
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Retaliation Claim Dismissal (Judgment on the Pleadings) Affirmed
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Age Discrimination Claim Dismissal (Judgment on the Pleadings) Affirmed, Notwithstanding Ageist Comments
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In Rettino v. New York City Department of Education et al, 19-cv-5326, 2021 WL 2987113 (S.D.N.Y. July 15, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court outlined the elements of such a claim as follows: The ADEA’s prohibition of a…

Read More Age-Based Hostile Work Environment Claim Dismissed Against NYC Dept. of Education
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In New York State Division of Human Rights v. Hawk, 2021 N.Y. Slip Op. 03687, 2021 WL 2389091 (N.Y. App. Div. 4th Dept. June 11, 2021), the court enforced orders issued by the New York State Division of Human Rights that found respondents Ronald E. Hawk and Big Money Jim, Inc., doing business as Chaffee…

Read More $10,000 Awarded in Sexual Harassment Case Against Chaffee Flatts and Owner
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In Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…

Read More Teacher’s Hostile Work Environment Claims Dismissed
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In Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…

Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone Sufficient
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