Age Discrimination

In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Moore v. Louis Dejoy, 18-CV-9967, 2022 WL 1239688 (S.D.N.Y. April 27, 2022), the court dismissed plaintiff’s age-based hostile work environment claim, since plaintiff did not “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision: Because she did not file a formal complaint regarding alleged improper comments or a hostile…

Read More Hostile Work Environment Claim Not Administratively Exhausted; Dismissed
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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A recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…

Read More Hostile Work Environment Claim Dismissal Against IRS Affirmed
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In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More CUNY Italian Professor’s Age Discrimination Claims Sufficiently Alleged
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In Diresta v. Biz2Credit Inc. et al, 21-cv-208, 2021 WL 6052104 (S.D.N.Y. Dec. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act of 1967. From the decision: The Amended Complaint does not allege facts that either provide “minimal support for the proposition that the…

Read More Age Discrimination (Failure-to-Hire) Claim Dismissed
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In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
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In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and…

Read More “Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted
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