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New York Nurses File Age Discrimination Class Action Suit

Another discrimination class action lawsuit was filed in the Southern District of New York confirming two major trends that our office has been seeing: 1.) Increased litigation involving the nursing profession and 2.) Aggressive efforts by plaintiffs’ lawyers (post Dukes v. Wal-mart) to file class action claims in discrimination matters.

In the case, Todoverto et al v. U.S. Department of Veteran’s Affairs et al, five lead Plaintiffs who worked as experienced nurses at Hudson Valley Healthcare System sued on behalf of themselves and a class of nurses over the age of 40a alleging that they were systematically denied promotions because of age discrimination.  The nurses allege that members of hospital senior management blatantly stated that they wanted to fire “old’ nurses and “bring in new blood.”  The nurses in this case represent a diverse class of nurses who, in some instances, have worked as veteran’s nurses for decades without promotion.

Discriminating against employees over the age of forty (40) is unlawful.  Federal, New York State, and New York City antidiscrimination laws protect employees against age discrimination, including protection from such adverse employment action as termination, harassment, denial of benefits, and failure to promote based on age.   And, unlike other forms of discrimination, age discrimination tends to reveal itself in more direct ways, such as with the patently discriminatory statements made by hospital senior management in Todoverto.  This means that Plaintiffs often have an easier time proving discriminatory animus and, if, as is the case in Todoverto, the statements were made by senior management, class claims may be possible.

If you are an employee over the age of forty (40) and believe that you have been discriminated against because of your age, contact an attorney with expertise in anti-discrimination laws.

Christopher Davis is an experienced employment litigator specializing in class actions, overtime wage recovery, discrimination, whistleblower retaliation, and Wall Street bonus disputes. Before entering private practice, Mr. Davis served as an Assistant District Attorney in the Manhattan District Attorney's Office where he prosecuted violent crimes as a member of the Sex Crimes Unit.

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