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) AffirmedIn 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 CommentsIn 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 EducationIn 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 OwnerIn 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 DismissedIn 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 SufficientIn Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the New York City Human Rights Law. After determining that plaintiff sufficiently alleged claims for…
Read More Age-Based Hostile Work Environment Claim Survives Against Harlem HospitalIn Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. Notably, this decision considers, and rejects, defendants’ attempt…
Read More Age Discrimination Claims Survive Dismissal Against NYC Health & Hospitals Corp.; Alleged Ageist Comments Were Not “Stray Remarks”In Lent v. The City of New York, No. 150403/2020, 2021 WL 2165646, 2021 N.Y. Slip Op. 31805(U), 6 (N.Y. Sup Ct, New York County May 19, 2021), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. Generally, in order to make out a retaliation…
Read More NYPD Employee’s Retaliation Claims Dismissed; No “Protected Activity” Where Underlying Complaint Did Not Sufficiently Identify Harassment Based on AgeIn Farid v. City of New York et al, No. 19-3463, 2021 WL 2012425 (EDNY May 20, 2021), the court, inter alia, dismissed plaintiff’s claim of retaliation under the Age Discrimination in Employment Act (ADEA). Specifically, the absence of any “adverse action” following plaintiff’s complaint of age discrimination doomed his claim: Plaintiff alleges that he…
Read More Absent Adverse Action, Retaliation Claim (Based on Age Discrimination Complaint) Dismissed