Age Discrimination

In Muniz v. The City of New York, 20 Civ. 9223 (JPC), 2023 WL 6294169 (S.D.N.Y. Sept. 27, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on race, ethnicity, and age. The court evaluated plaintiff’s federal claims (asserted under Title VII of the Civil Rights Act…

Read More NYPD Officer’s Race & Age Discrimination Claims Survive Summary Judgment
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In Keeney v. New York-Presbyterian Queens, No. 702508/2019, 2023 WL 5979409, 2023 N.Y. Slip Op. 33090(U) (N.Y. Sup Ct, Queens County Aug. 16, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. As to…

Read More Discrimination and Hostile Work Environment Claims Survive Summary Judgment Against NY Presbyterian Queens
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In Herrera v. The City of New York, No. 152586/2022, 2023 WL 5805938 (N.Y. Sup Ct, New York County Sep. 07, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. Among other things, this decision illustrates the difference between federal discrimination…

Read More Aspiring NYPD Officer’s Age Discrimination Claims Survive Dismissal Against the City of New York
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In a recent case, Rudolph v. Abbott Laboratories, Inc., Civil Action No.: 3:18-cv-6071-PGS-TJB, 2023 WL 5638844 (D.N.J. August 31, 2023), the court denied defendant’s motion in limine seeking to prelude plaintiff from introducing evidence of other employees’ allegations of discrimination. This evidence, typically referred to as “me too” evidence, can be very useful in a discrimination…

Read More “Me Too” Evidence Permitted in Discrimination Case
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff’s factual allegations satisfy the pleading requirements for an ADEA hostile work environment…

Read More Teacher’s Age-Based Hostile Work Environment Claim Survives Dismissal
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In Jenkins v. District of Columbia, No. 17-2730 (TSC), 2023 WL 4183795 (D.D.C. June 26, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA) – for failure to exhaust administrative remedies at the EEOC. The court summarized this requirement as follows: Before…

Read More Age Discrimination Claims Dismissed For Failure to Exhaust Administrative Remedies at the EEOC
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In Rogoff v. Long Island University, No. 510388/2019, 2023 WL 4365404 (N.Y. Sup Ct, Kings County July 06, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under the New York State and City Human Rights Laws. From the decision. Likewise, the record is adequate for plaintiff’s…

Read More Retaliation Claim Survives Summary Judgment; Demotion Closely Followed Complaint of Age Discrimination
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In Doyle v. Mid-Hudson Valley Federal Credit Union, 20 CV 2087 (NSR), 2023 WL 4297192 (S.D.N.Y. June 30, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act and New York State Human Rights Law. From the decision: Plaintiff presents a litany of…

Read More Age Discrimination Claims Survive Summary Judgment; Evidence Included Age-Related Comments and Hiring of Younger Replacement
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A recent case, Philippe v. Weckers, 2023 WL 4085880 (D.Md. June 20, 2023), illustrates the “administrative exhaustion” principle that is an integral component of federal employment discrimination law. Here, plaintiff did not take the necessary first step of filing a discrimination complaint with the EEOC, warranting dismissal: As an initial matter, the complaint and the…

Read More Failure to File EEOC Charge Dooms Discrimination Claims
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In Spivey v. Mohawk ESV, Inc., 2023 WL 3918674 (4th Cir. June 9, 2023), the U.S. Court of Appeals for the Fourth Circuit affirmed the summary judgment dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). After summarizing the “black letter” law, the court applied it to the…

Read More Age Discrimination Dismissal Affirmed by the Fourth Circuit
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