A state appeals court has thrown out a former New York Police Department lieutenant’s age discrimination and related claims, writing that his internal suspension after being arrested for alleged domestic violence, as well as police department investigations into several incidents of alleged misconduct, don’t “rise to the level of actionable adverse employment actions.”

The Appellate Division, First Department court also wrote in its opinion dismissing the former NYPD terrorism-unit lieutenant’s lawsuit that a “stray remark” allegedly said to him by a former superior that he was “old enough to retire,” failed to, “without more, give rise to an inference of ageist bias.”

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