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AGE DISCRIMINATION LAWSUIT PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT).

The Second Department determined plaintiff teacher’s age discrimination suit was properly dismissed for failure to state a cause of action:

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The Age Discrimination in Employment Act of 1967 (hereinafter the ADEA) provides, in relevant part: “It shall be unlawful for an employer . . . to discharge any individual or otherwise discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual’s age” … . “To establish a prima facie case of age discrimination under the ADEA, a claimant must demonstrate that: 1) [she] was within the protected age group; 2) [she] was qualified for the position; 3) [she] was subject to an adverse employment action; and 4) the adverse action occurred under circumstances giving rise to an inference of discrimination'” … .

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… [T]he general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the assistant principal are vague and conclusory … . Furthermore, the specific instances of discrimination described in the amended complaint, which allegedly occurred over a period of more than three years, were isolated and episodic. For instance, the amended complaint alleged that the plaintiff “was required to teach a class that she was not qualified to teach,” that the principal left her name off an art fair newsletter, that the assistant principal gave the plaintiff “a useless laptop to complete a survey,” and that on two separate occasions the principal slammed her hand on the table and screamed at her. These occurrences were “not severe or pervasive enough to create an objectively hostile or abusive work environment” … . Murphy v Department of Educ. of the City of New York, 2017 NY Slip Op 07609, Second Dept 11-1-17

 

EMPLOYMENT LAW (AGE DISCRIMINATION LAWSUIT PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT))/AGE DISCRIMINATION (AGE DISCRIMINATION LAWSUIT PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT))/AGE DISCRIMINATION IN EMPLOYMENT ACT  (AGE DISCRIMINATION LAWSUIT PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT))

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