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Age Discrimination

In Benson v. Family Dollar Operations, Inc., 2018 WL 5919905 (2d Cir. Nov. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal by summary judgment of plaintiff’s age discrimination claim. This case is one example of how courts evaluate statistics as proffered evidence of in an employment discrimination case. The court summarized the well-established […]

In Mount Lemmon Fire Dist. v. Guido, 2018 WL 5794639 (U.S. Nov. 6, 2018), the Supreme Court (in an opinion delivered by Justice Ginsburg), broadly interpreted the federal Age Discrimination in Employment Act (ADEA). The facts, briefly: John Guido and Dennis Rankin were the two oldest employees of the Mount Lemmon Fire District, a political subdivision in […]

In Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However, […]

In Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen […]

In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claims. This case teaches us that replacement by a younger worker does not necessarily (but, in an appropriate case, may) substantiate a claim for discrimination based […]

In Wolf v. Imus, 2018 NY Slip Op 51361(U) (N.Y. Sup. Ct. Sept. 27, 2018) (J. d’Auguste), the court, inter alia, dismissed plaintiff’s (an 80 year-old Florida resident) age discrimination claims against radio personality Don Imus et al. This was based on both geography and the merits. Here is an excerpt from the decision: Due to […]

In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of […]

In a recent Southern District case, Dickinson v. City University of New York, 2018 WL 4333986 (S.D.N.Y. Sept. 11, 2018), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim against the City University of New York.[1]Plaintiff also asserted claims of gender discrimination, retaliation, and hostile work environment; here I […]

In a recently-filed lawsuit, captioned Johnna Ayres v. Bloomberg L.P. Michael Bloomberg, and Lawrence Diamond, N.Y. Sup. Ct., Kings Cty., Index No. 517214/2018, filed Aug. 23, 2018, the plaintiff alleges various claims – including sex discrimination (disparate treatment and disparate impact), age discrimination (disparate treatment and disparate impact), hostile work environment, and retaliation against Bloomberg […]

In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims […]