Falbaum v. Pomerantz
Five former managerial employees of Leslie Fay sued four current employees and the company's outside counsel for age discrimination under federal (ADEA), New York State (NYHRL), Pennsylvania (PHRA), and New York City (NYCCRL) laws. The defendants moved to dismiss the complaints, arguing they are not subject to personal liability under ADEA, NYHRL, and PHRA, and for failure to exhaust administrative remedies under PHRA and NYCCRL. The court had previously dismissed legal malpractice and breach of fiduciary duty claims against Leslie Fay's general counsel and outside counsel. The court granted the motion to dismiss claims under ADEA, NYHRL, and PHRA, finding that these statutes generally do not impose personal liability on individual employees, but rather focus on employer liability. However, the court denied the motion to dismiss claims under the NYCCRL because its plain language explicitly allows for liability against "an employer or an employee or agent thereof", and plaintiffs demonstrated compliance with administrative requirements. Therefore, the case proceeds only on the New York City Civil Rights Law claims.