MVP Service Corporation’s motion to dismiss is denied on Age Discrimination in Employment Act claims of age discrimination, and failure to accommodate in violation of the Americans with Disabilities Act made by a 56-year-old senior counsel alleging he was terminated due to his lung and heart conditions and treated differently than his younger coworkers, a federal district court in New York ruled. The attorney successfully presented a claim for age discrimination because only his position was eliminated, he was the oldest senior counsel employed, and he was replaced by a younger attorney, the court said. Additionally, the court found that ...

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