In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…
Read More Court Affirms Dismissal of Age Discrimination ComplaintIn Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…
Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary JudgmentIn Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…
Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger WorkerIn Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…
Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources AdministrationIn DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…
Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of EducationIn DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…
Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of EducationIn 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; DismissedIn 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 AllegedIn 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, denied defendants’ motions to dismiss plaintiff’s national origin- and age-based discrimination claims. As to plaintiff’s national origin discrimination claims, the court explained: The court has little difficulty concluding…
Read More CUNY Italian Professor’s National Origin Discrimination Claims Sufficiently AllegedIn 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