Repeated remarks that a 59-year-old plaintiff “looked tired” and “might not be up for the job” were sufficient to surmount a motion for summary judgment in an age discrimination case, a divided panel of the Appellate Division, First Department, said Tuesday.
The fact that the plaintiff in Rollins v. Fencers Club, 106303/09, was hired at age 58, and that several of the supervisors involved in the decision to fire her were in their 50s, “does not vitiate the inference of discriminatory animus,” the 4-1 majority said in an unsigned opinion.
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