Ads Seeking “Digital Natives” May Evidence Age Discrimination
According to a recent article, employers may be finding new ways to mask age discrimination in hiring – namely, by advertising and/or stating a preference for so-called “digital natives.” A “digital...
View ArticleEmployment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get...
In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the...
View Article“Too Young” Age Discrimination Lawsuit Against Staffing Agency
Below is the recent age discrimination lawsuit, captioned Parra v. Access Staffing and Crystal Hernandez, 15-cv-05495 (SDNY July 15, 2015), filed by the plaintiff against a staffing agency and its...
View ArticleAge/Race/Gender Employment Discrimination Lawsuit Against The New York Times
Here is the federal court complaint, captioned Quitasol v. The New York Times et al, 15-cv-04873 (SDNY filed June 23, 2015), in which plaintiff asserts claims of race, age, and gender discrimination...
View ArticleLawsuit Alleges Anti-American Bias at Asia TV
In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age,...
View ArticleHospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment,...
In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual...
View ArticleAge Discrimination Claim Was Timely; “Three Day” Mailing Presumption Rebutted
Every legal claim has a “statute of limitations” – that is, a deadline for filing a lawsuit in court. Failure to commence an action by the applicable statute of limitations can be fatal and result in...
View ArticleComments Can Evidence Pre-Existing Bias, Second Circuit Holds
Comments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that...
View ArticlePleading Lessons From a Dismissed Age Discrimination Case
In Marcus v. Leviton Mfg. Co., No. 15CV656SJFGRB, 2016 WL 74415 (E.D.N.Y. Jan. 6, 2016), the Eastern District of New York dismissed plaintiff’s age discrimination case for failure to state a claim...
View ArticleDecision: Replacement of Oldest Employee by Younger Employee Insufficient to...
In Lago v. Wen Management Corp., 2016 WL 165834 (N.Y. Sup. Qns. Jan. 8, 2016), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination, gender...
View ArticleRetaliatory Firing Claim Survives Dismissal in Light of Evidence that...
In Lott v. Coreone Techs., LLC, No. 14-CV-5848 (CM), 2016 WL 462486 (S.D.N.Y. Feb. 2, 2016), plaintiff asserted age discrimination, disability discrimination, and retaliation claims against his former...
View ArticleMerely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based...
In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment...
View ArticleNegative Comments About Age Sufficient to Overcome Summary Judgment on...
In Krebaum v Capital One, N.A., 2016 NY Slip Op 02914 (App. Div. 1st Dept. April 14, 2016), the court modified a lower court’s order, and held that plaintiff’s claims of age discrimination and...
View ArticleDisparate Impact Age Discrimination Claims Sufficiently Alleged Under NYS and...
In Bennett v. Time Warner Cable, 2016 NY Slip Op 03103 (App. Div. 1st Dept. April 26, 2016), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims under the...
View ArticleAge, Race, Gender Discrimination Lawsuit Against the New York Times
In a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age,...
View ArticleTwo Age-Related Comments Insufficient to Establish Liability Under the NYC...
A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the...
View ArticleLifeguard’s Age Discrimination Case Survives Summary Judgment
In Lester v. New York State Office of Parks, Recreation & Historic Pres., No. 10863/09, 2016 WL 2338530 (N.Y. App. Div. 2nd Dept. May 5, 2016), the court held that the lower court should not have...
View ArticleWage and Age Discrimination Lawsuit Against Busta Rhymes
In a recently-filed lawsuit, captioned Jones v. Trevor Tahiem Smith (a/k/a Busta Rhymes), 16-cv-2194 (EDNY filed 5/3/16), plaintiff – a chauffeur for the rapper known as Busta Rhymes – asserts that he...
View ArticleCourt Applies Amended Discovery Rule to Discovery Demands Seeking Information...
A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in...
View ArticleSDNY Dismisses Employment Discrimination Complaint Asserting Unequal...
In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of...
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