130 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,187 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993) Cited 1,905 times 14 Legal Analyses
Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
McCarthy v. Dun & Bradstreet Corp.
482 F.3d 184 (2d Cir. 2007) Cited 3,215 times
Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,379 times
Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
Mihalik v. Credit Agricole Cheuvreux N. Am., Inc.
715 F.3d 102 (2d Cir. 2013) Cited 1,178 times 4 Legal Analyses
Holding that to succeed on an NYCHRL claim, a plaintiff must establish that he "has been treated less well at least in part" because of his membership in a protected class
Fincher v. Depository Trust
604 F.3d 712 (2d Cir. 2010) Cited 1,175 times 4 Legal Analyses
Holding that the failure to investigate an employee's complaint does not contribute to nor constitute a hostile work environment
Williams v. N.Y. City Hous. Auth
61 A.D.3d 62 (N.Y. App. Div. 2009) Cited 1,023 times 17 Legal Analyses
Holding that the continuing violation doctrine did not apply to plaintiff's NYCHRL claim because plaintiff failed to allege any "actionable conduct during the limitations period"
Kessler v. Westchester Cty. Dept., Soc. Serv
461 F.3d 199 (2d Cir. 2006) Cited 978 times 3 Legal Analyses
Holding whether reassignment constituted a materially adverse action "depends upon the circumstances of the particular case"
Byrnie v. Town of Cromwell, Bd. of Educ
243 F.3d 93 (2d Cir. 2001) Cited 1,135 times 9 Legal Analyses
Holding that the same standard applies to claims of discrimination based upon gender and age
Ruiz v. County of Rockland
609 F.3d 486 (2d Cir. 2010) Cited 808 times 2 Legal Analyses
Holding that prima facie case of discrimination based on disparate treatment against employee requires some evidence that another employee was "engaged in comparable conduct" and was subject to similar "performance evaluation and discipline standards"
Section 240 - Scaffolding and other devices for use of employees
N.Y. Lab. Law § 240 Cited 9,784 times 9 Legal Analyses
Requiring "proper protection"
Section 631 - Age limits
29 U.S.C. § 631 Cited 2,112 times 3 Legal Analyses
Providing that the ADEA protects individuals who are at least 40 years of age
Section 740 - Retaliatory action by employers; prohibition
N.Y. Lab. Law § 740 Cited 554 times 30 Legal Analyses
Prohibiting retaliation by an employer where an employee reports "an activity, policy or practice of the employer that is in violation of law, rule or regulation"

Appel v. Schoeman Updike Kaufman Stern & Ascher L.L.P. et al

130 Cited authorities

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other

Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

Holding that to succeed on an NYCHRL claim, a plaintiff must establish that he "has been treated less well at least in part" because of his membership in a protected class

Holding that the failure to investigate an employee's complaint does not contribute to nor constitute a hostile work environment

Holding that the continuing violation doctrine did not apply to plaintiff's NYCHRL claim because plaintiff failed to allege any "actionable conduct during the limitations period"

Holding whether reassignment constituted a materially adverse action "depends upon the circumstances of the particular case"

Holding that the same standard applies to claims of discrimination based upon gender and age

Holding that prima facie case of discrimination based on disparate treatment against employee requires some evidence that another employee was "engaged in comparable conduct" and was subject to similar "performance evaluation and discipline standards"

Requiring "proper protection"

Providing that the ADEA protects individuals who are at least 40 years of age

Prohibiting retaliation by an employer where an employee reports "an activity, policy or practice of the employer that is in violation of law, rule or regulation"