Unlike Claims of Age Discrimination Under the Federal ADEA, Mixed-Motive Causation Standard Applies to Claims Brought Under New York City Human Rights Law, Court Says

In Weiss v. JPMorgan Chase & Company, the United States District Court for the Southern District of New York held that the causation standard under the New York City Human Rights Law differs from that of the federal Age Discrimination in Employment Act, stating as follows: "The causation standards for Weiss' age discrimination claims under the ADEA and NYCHRL are different as a matter of law. Under the ADEA, Weiss must prove by a preponderance of the evidence that age was a "but-for" cause of JPMorgan's adverse employment decision. A Price Waterhouse jury instruction will not be available for Weiss' ADEA claim. Under the NYCHRL, however, Weiss need only prove by a preponderance of the evidence that his age was…

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