Plaintiff Hairstylist Sufficiently Alleges Age Discrimination and Hostile...
In Godino v. Premier Salons, Ltd., No. 13705/13, 2016 NY Slip Op 05118, 2016 WL 3533532 (N.Y. App. Div. 2d Dept. June 29, 2016), the court affirmed the denial of defendants’ motion to dismiss...
View ArticleProfessor’s Hostile Work Environment & Sleep-Related Disability...
In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination,...
View ArticleParking Space Reasonable Accommodation (Disability) Claim Survives Summary...
In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge...
View ArticleThe Anti-Discrimination Laws (Employment)
Employment discrimination law is spread out across a variety of federal, state, and local statutes. Often these statutes overlap, but whether and to what extent a particular statute applies to a given...
View ArticleCourt Grants Protective Order Regarding Prior Employment in Age...
In an employment discrimination case, it is not uncommon for a defendant/employer to seek information/documents regarding the plaintiff’s prior employment. In Roazzi v. U.S. Builders Group et al (NY...
View ArticleAge Discrimination Claim Survives Summary Judgment; Evidence Included...
In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for...
View ArticleAge-Related Comments During Job Interview Insufficient to Establish...
In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age...
View ArticleThe Age Discrimination in Employment Act Now Protects Me
Today I become a member of a protected class. The Age Discrimination in Employment Act of 1967, codified at 29 U.S.C. 621, is a federal law that prohibits discrimination based on age. Specifically, it...
View ArticleQuestion About Retirement Plans Alone Insufficient to Survive Summary...
In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age...
View ArticleDays-Late Employment Discrimination Lawsuit Dismissed
In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint...
View Article“Lazy Americans” Hostile Work Environment Claim Survives Dismissal; Court...
In Donahue v. Asia TV USA Ltd., No. 15 CIV. 6490 (NRB), 2016 WL 5173381 (S.D.N.Y. Sept. 21, 2016), the court granted in part and denied in part plaintiff’s employment discrimination claims. While, for...
View ArticleDiscriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the...
View ArticleDistinguishing Between “Sexual Orientation Discrimination” and “Gender...
In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man,...
View ArticleAge Discrimination Claims Not Barred By the New York Whistleblower Law’s...
In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims...
View Article2d Circuit Overturns Summary Judgment as to One Transit Authority Employee’s...
In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary...
View ArticleCourt Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss...
View ArticleAge Discrimination Lawsuit Against The Julliard School
In a recently-filed Manhattan federal lawsuit, captioned Dr. Julie A. Jordan v. The Julliard School (SDNY 17-cv-491, filed Jan. 23, 2017), plaintiff Julie A. Jordan (age 62) asserts that she was...
View ArticleCourt Dismisses Contract Law Firm Partner’s Religious & Age Discrimination...
In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72...
View ArticleAge Discrimination Claims Properly Dismissed; Suspicion of Theft Was a...
In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary...
View ArticleCourt Overrules Defendants’ Claims of Privilege in Sexual Harassment/Hostile...
In Morshed v. St. Barnabas Hosp., No. 16 CIV. 2862 (LGS), 2017 WL 543236 (S.D.N.Y. Feb. 10, 2017), the court overruled defendants’ claims that ten documents were “privileged under the self-critical...
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