District Judge Kimba M. Wood

 

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Employed by New York City since 2001, plaintiff has worked in the City’s Dep’t of Small Business Servs. (SBS) since 2003, indirectly supervised by Schwartz. When plaintiff turned 65 in 2012 the City and Schwartz (City Defendants) began to ask, remind, and encourage him to retire. He was later moved to a more remote, less prestigious part of SBS. In 2013 plaintiff filed a grievance against SBS. Plaintiff did not settle his grievance. In March 2016 the EEOC issued plaintiff right to sue notices in connection with his 2015 charges that the City Defendants were “pushing [him] to retire when [he was] not ready to do so.” The court granted the City Defendants dismissal of plaintiff’s lawsuit alleging age discrimination, retaliation and a hostile work environment violating the Age Discrimination in Employment Act, 42 USC §§1983 and 1985, and the New York State and City Human Rights Laws. He did not satisfy his burden under federal, state, and city law on any of his five age discrimination claims. Nor did he allege any adverse employment action from his failure to settle his grievance, as required to state a retaliation claim. Further, there was no plausible allegation of a causal connection between his EEOC complaint and the grievance settlement offers.

District Judge Kimba M. Wood

 

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Employed by New York City since 2001, plaintiff has worked in the City’s Dep’t of Small Business Servs. (SBS) since 2003, indirectly supervised by Schwartz. When plaintiff turned 65 in 2012 the City and Schwartz (City Defendants) began to ask, remind, and encourage him to retire. He was later moved to a more remote, less prestigious part of SBS. In 2013 plaintiff filed a grievance against SBS. Plaintiff did not settle his grievance. In March 2016 the EEOC issued plaintiff right to sue notices in connection with his 2015 charges that the City Defendants were “pushing [him] to retire when [he was] not ready to do so.” The court granted the City Defendants dismissal of plaintiff’s lawsuit alleging age discrimination, retaliation and a hostile work environment violating the Age Discrimination in Employment Act, 42 USC §§1983 and 1985, and the New York State and City Human Rights Laws. He did not satisfy his burden under federal, state, and city law on any of his five age discrimination claims. Nor did he allege any adverse employment action from his failure to settle his grievance, as required to state a retaliation claim. Further, there was no plausible allegation of a causal connection between his EEOC complaint and the grievance settlement offers.