Smoking Gun Evidence – Pospis Law, PLLC

August 28, 2020 by mjpospis

ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required

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…

Court Dismisses Disability Discrimination Claim, Rejecting “Smoking Gun” Email

In Casablanca v New York Times Co., 47 Misc 3d 1215(A), 2015 NY Slip Op 50629(U) (N.Y. Sup. Ct. N.Y. Cty. April 17, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. This case underscores the necessity in an employment discrimination case of establishing a link between a protected characteristic…

Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment

Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…