July 22, 2011

In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA.  Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant.  Plaintiff argued…

Read More Second Circuit Holds That Separation Agreement Complied With The Older Workers Benefit Protection Act (OWBPA), Justifying Dismissal of ADEA Complaint
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Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl
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