ADEA (Age Discrimination in Employment Act)

In McEvoy v. Fairfield University, 2021 WL 613626 (2d Cir. Feb. 17, 2021) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act of 1967. From the Order: The District Court held that McEvoy failed to show that Fairfield University’s proffered non-discriminatory explanations…

Read More Age Discrimination Dismissal Affirmed; Replacement by Younger Employee Insufficient
Share This:

In Massaro v. The Board of Education of the City School District of the City of New York, et al, 2021 WL 184364, at *6 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment (in part) on her retaliation claim under the Age Discrimination in Employment Act,…

Read More ADEA Retaliation Claim, Arising From Denial of Substitute Teaching Application Following EEOC Charge, Survives Summary Judgment
Share This:

In EEOC v. AZ Metro Distributors, LLC, 2020 WL 7404432 (EDNY Dec. 16, 2020), the court, inter alia, held that a jury verdict in plaintiff’s favor on claims of age discrimination under the Age Discrimination in Employment Act was supported by sufficient evidence, and therefore denied defendant’s Rule 50 motion for judgment as a matter…

Read More Age Discrimination Jury Verdict Supported by Sufficient Evidence
Share This:

In Lebowitz et al v. New York City Dept. of Education et al, 2020 WL 7024362 (E.D.N.Y. Nov. 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s age-based hostile work environment claim. From the decision: [Plaintiff] premises her claim largely on comments purportedly made by O’Mahoney and Izzo. According to…

Read More Teachers’ Age Discrimination / Hostile Work Environment Claims Dismissed
Share This:

In Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…

Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
Share This:

In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
Share This:

In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged sex and age discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City Human Rights…

Read More Reporters Sufficiently Allege Sex and Age Discrimination (Specifically the Existence of “Adverse Employment Actions”) Against Spectrum
Share This:

A recent decision, Rimpel v. AdvantageCare Physicians, P.C., 2020 WL 5517281 (E.D.N.Y. Sept. 14, 2020), discusses and applies the “stray remarks” doctrine as it applies to a claim of “disparate treatment” discrimination: From the decision: Here, no reasonable jury could conclude by a preponderance of the evidence that Plaintiff’s termination was partially motivated by age…

Read More Age Discrimination Claims Dismissed Upon Application of the “Stray Remarks” Doctrine
Share This:

In Moccia v. Saul, 2020 WL 5406412 (2d Cir. Sept. 9, 2020) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s claims of employment discrimination and retaliation in violation of the Age Discrimination in Employment Act. Plaintiff here argued that the district court abused its discretion when it denied her request, pursuant to…

Read More Age Discrimination Dismissal Affirmed; Alleged Lack of Discovery Notwithstanding
Share This:

In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
Share This:
(212) 227-2100