Age Discrimination

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In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks…

Read More Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims
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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
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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
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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
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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,…

Read More Age Discrimination Case Dismissed, Despite “Old Timer” Comments
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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…

Read More Sexual Harassment and Other Claims Discontinued Against Predecessor Entity
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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…

Read More Age Discrimination Claims Dismissed, Despite Younger Replacement
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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…

Read More Florida Resident’s Discrimination Claims Against Imus Dismissed
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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…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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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…

Read More Age Discrimination Claim Against CUNY Survives Summary Judgment
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