Ophir v. Koneksa Health Inc
1:23-cv-09145
| S.D.N.Y. | Jul 14, 2025Background
- Gol Ophir, formerly General Counsel and an executive at Koneksa Health, alleged wage discrimination under the Age Discrimination in Employment Act (ADEA), claiming his compensation was lower than younger peers'.
- Ophir was the oldest executive leadership team (ELT) member and the second-oldest employee at Koneksa.
- Defendants maintained official policies to compensate ELT members equally and according to industry standards, but Ophir claims these were not followed.
- Disparities alleged: lower base salary, lack of equity grants, and lower industry percentile compensation for both Ophir and the oldest employee.
- The initial complaint was dismissed for failing to plausibly allege the required but-for causation between age and compensation disparity.
- Ophir moved to amend his complaint; the court considered whether the proposed amendments cured the original complaint’s deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amended complaint plausibly alleges | PAC provides "ample circumstantial evidence" of discriminatory intent, including | Pay disparity exists but not because of age; no employer-age comments; possible | Amendment is futile; no plausible ADEA claim |
| compensation was set lower but for age | differential pay and remarks about age from colleagues. | non-discriminatory explanations for pay disparities. | if adverse action plausibly not linked to age. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Rule 12(b)(6) plausibility standard for pleadings)
- Forman v. Davis, 371 U.S. 178 (leave to amend should be freely given absent futility or other valid reason)
- Milanese v. Rust-Oleum Corp., 244 F.3d 104 (grounds for denial of leave to amend)
- Panther Partners Inc. v. Ikanos Commc’ns, Inc., 681 F.3d 114 (futility of amendment standard)
- Green v. Town of E. Haven, 952 F.3d 394 (ADEA prima facie case elements)
