ADEA (Age Discrimination in Employment Act)

In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie

In Nixon v. TWC Administration LLC, 16-cv-6456, 2019 WL 1428348 (SDNY March 29, 2019), the court, inter alia, dismissed plaintiff’s age discrimination (wrongful termination) claim under the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff conceded that she violated several of defendant’s policies, but claimed that her termination based on such violations was a…

Read More Age Discrimination Claim Dismissed; “Dinosaur” and Other Comments Lacked Sufficient Nexus to Termination

In Rea v. New York State Dept. of Transportation, 2019 WL 1409977 (N.D.N.Y. March 28, 2019), the court granted defendant’s motion to dismiss plaintiff’s Age Discrimination in Employment Act (ADEA). In sum, the court held that the DOT may not be sued in federal court, in light of the Eleventh Amendment: The DOT is an…

Read More Age Discrimination Claim (ADEA) Against NYS Dept. of Transportation Dismissed on Eleventh Amendment Grounds

In Kleber v. CareFusion Corp., No. 17-1206 (7th Cir. Jan. 23, 2019), the court held that the section of the Age Discrimination in Employment Act (ADEA) prohibiting “disparate impact” discrimination does not apply to job applicants. That section, 4(a)(2), makes it unlawful for an employer to limit, segregate, or classify his employees in any way…

Read More 7th Circuit: ADEA’s “Disparate Impact” Section Does Not Apply to Job Applicants

In Giordani v. Legal Aid Society, 17-CV-5569, 2018 WL 6199553 (E.D.N.Y. Nov. 27, 2018), the court held, inter alia, that plaintiff failed to plead an age-based hostile work environment claim. From the decision: While Plaintiff’s hostile work environment claim is largely based on a series of unpleasant interactions with his colleagues, some of the incidents…

Read More Age-Based Hostile Work Environment Insufficiently Alleged

From ALADDIN ABDAL-RAHIM, Plaintiff, v. MTA NEW YORK CITY TRANSIT, Defendant., 2018 WL 6176217, at *4 (S.D.N.Y. Nov. 27, 2018): [E]ven liberally construing Rahim’s complaint, he has not pleaded facts sufficient to state a claim for discrimination. Essentially, Rahim’s only allegation is that he passed a civil service test and that the NYCTA hired candidates with…

Read More Title VII, ADEA Claims Insufficiently Pleaded Against MTA NYC Transit

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…

Read More Statistics Insufficient to Show Age Discrimination, Court Finds

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…

Read More SCOTUS: ADEA’s Employee-Numerosity Requirement Does Not Apply to States and Their Political Subdivisions

In Mazzeo v. Mnuchin, 17-cv-2686, 2018 WL 4492847 (2d Cir. Sept. 19, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Rehabilitation Act. The court summarized the law: In order to…

Read More Retaliation Claim Properly Dismissed Against IRS; Disciplinary Threat Was Not an “Adverse Employment Action”