Age Discrimination

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In Leach v. University at Buffalo Pediatric Associates, Inc., 2021 WL 1723129 (W.D.N.Y. April 30, 2021), the court held that plaintiff sufficiently alleged age and gender discrimination claims. From the decision: Taking Leach’s allegations as true, she has adequately pleaded the adverse action element of a claim. She states that she was offered a choice…

Read More Age and Gender Discrimination Claims, Arising From Allegation of Forced Retirement, Survive Dismissal
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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In Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…

Read More Age Discrimination Complaint Sufficiently Alleged Against Battery Park City Authority
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In Watman v. Physician Affiliate Group of New York, P.C., No. 527615/2019, 2021 WL 840020, 2021 N.Y. Slip Op. 30651(U) (N.Y. Sup Ct, Kings County Mar. 04, 2021), the court held that plaintiff – a 62 year-old neonatologist – sufficiently alleged age discrimination under the New York State and City Human Rights Laws. The court…

Read More Doctor’s Age Discrimination Complaint Sufficiently Alleged Against Physician Affiliate Group of New YorkNeonatologist
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In Echavarria v. ABM Industry Group LLC et al, 2021 WL 794944 (S.D.N.Y. Feb. 26, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The amended complaint also fails to state a claim under the ADEA. Plaintiff’s only allegations suggesting that her age had…

Read More Federal Age Discrimination Claim Dismissed; “Retirement”, “Hag” Comments Held Insufficient
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In McEvoy v. Fairfield University, 2021 WL 613626 (2d Cir. Feb. 17, 2021) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act of 1967. From the Order: The District Court held that McEvoy failed to show that Fairfield University’s proffered non-discriminatory explanations…

Read More Age Discrimination Dismissal Affirmed; Replacement by Younger Employee Insufficient
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In Clementi v. Highbridge Community Development Corp., No. 25371/18E, 2020 WL 8369733, 2020 N.Y. Slip Op. 34419(U) (N.Y. Sup Ct, Bronx County Dec. 22, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age and race discrimination under the New York City Human Rights Law. In sum, plaintiff, a Caucasian…

Read More Age, Race Discrimination Claims Survive Summary Judgment
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Herz v. City of New York et al, 2021 WL 134528 (S.D.N.Y.  Jan. 14, 2021), the court, inter alia, held that the plaintiff did not plausibly plead a claim of age- and tenure-based discrimination under the New York State Human Rights Law. The court found the case of Gundlach, 11 Civ. 846, 2012 WL 1520919…

Read More Teacher’s Age Discrimination Claim Dismissed; Allegation of Tenure and Length of Employment Insufficient
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