ADEA (Age Discrimination in Employment Act)

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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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In Cooper v. County of York, Civil No. 21-CV-01440, 2024 WL 183013 (M.D.Pa. Jan. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Finally, York’s motion requests summary judgment on Cooper’s claims…

Read More Age-Based Hostile Work Environment Claim Dismissed on Summary Judgment
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In Swanson v. Lilly USA, LLC, Case No. 1:23-cv-00831-TWP-TAB (S.D. Ind. Jan. 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful “for an employer to fail or refuse to hire or to…

Read More Age Discrimination Claim Sufficiently Pled; Allegations Include Replacement by Substantially Younger Person
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In Walsh v. HNTB Corporation, 2023 WL 8851163 (D.Mass. Dec. 21, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment and constructive discharge (on the basis of age discrimination) in violation of the Age Discrimination in Employment Act. This decision teaches that the timing of allegedly…

Read More Age-Based Hostile Work Environment/Constructive Discharge Claim Dismissed; Alleged Discriminatory Comments Occurred 10 Months Before Resignation
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In Vichio v. US Foods, Inc., 88 F.4th 687 (7th Cir. 2023), the court reversed the lower court’s dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act, finding that there was a genuine dispute of material fact as to whether the employer’s proffered reason for terminating him – deficient performance…

Read More Age Discrimination Claim Revived Following Summary Judgment Dismissal; Evidence Supported Inference That Alleged Deficient Performance Was Pretext For Discrimination
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In a recent case, Treadwell v. District of Columbia, Case No. 23-cv-03616 (CRC), 2023 WL 8764349 (D.D.C. Dec. 19, 2023), the court, inter alia, held that plaintiff plausibly alleged a claim of age discrimination arising from alleged offensive, age-related comments. From the decision: Though not by much, Treadwell has sufficiently pled that OAG subjected her…

Read More Age-Related Comments Plausibly Support Hostile Work Environment Claim, Court Holds
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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 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 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 disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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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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