Age Discrimination

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
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In Clementi v. Highbridge Community Development Corp., No. 25371/18E, 2020 WL 8369733, 2020 N.Y. Slip Op. 34419(U) (N.Y. Sup Ct, Bronx County Dec. 22, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age and race discrimination under the New York City Human Rights Law. In sum, plaintiff, a Caucasian…

Read More Age, Race Discrimination Claims Survive Summary Judgment
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Herz v. City of New York et al, 2021 WL 134528 (S.D.N.Y.  Jan. 14, 2021), the court, inter alia, held that the plaintiff did not plausibly plead a claim of age- and tenure-based discrimination under the New York State Human Rights Law. The court found the case of Gundlach, 11 Civ. 846, 2012 WL 1520919…

Read More Teacher’s Age Discrimination Claim Dismissed; Allegation of Tenure and Length of Employment Insufficient
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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
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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged a discriminatory failure to promote claim under the New York State and City Human…

Read More NYPD Detective’s Failure-to-Promote Discrimination Claims, Based on Age and National Origin (Russian), Sufficiently Alleged Under NYS & NYC Human Rights Laws
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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
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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
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In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
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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
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