Age Discrimination Claims Sufficiently Alleged Against SUNY

In Sedhom v SUNY Downstate Med. Ctr., 2018 NY Slip Op 33210(U), 155837/2017 (Sup. Ct. NY Cty. Dec. 13, 2018), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws.

The court noted:

Here … Plaintiff has alleged that she was frequently the
subject of general hostilities from Defendants Cruz-Richman and Silas and that other employees expressed hostility to Plaintiff about her age and the time that she had been working at SUNY Downstate.

While the defendants argued that the hostile work environment cause of action “must be dismissed because at worst the first amended complaint only alleges [s]poradic insults, and general rude behavior,” the court noted that “all of the cases SUNY Defendants cite in support of dismissing the hostile work environment cause of action involve motions for summary judgment and Article 78 challenges to NYS Division of Human Rights determinations: i.e. after a factual record was developed” and “there has not been an opportunity to develop a factual record from which the Court could determine whether a hostile work environment exists after “looking at all the circumstances.”

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