Executive Summary

In an unpublished memorandum, Judge Gerald J. Pappert of the Eastern District of Pennsylvania addressed claims brought by Anastasiya Tysh, a 51-year-old Ukrainian IT Project Manager, against Razor Technology, LLC and Elemica, Inc. Tysh alleged discrimination under the ADEA, 42 U.S.C. ยง 1981, Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act (PHRA), and the Pennsylvania Whistleblower Law. Elemica moved to dismiss all claims, arguing she lacked standing. The court granted the motion in part, allowing her ADEA claim to proceed under a joint employer theory while dismissing without prejudice her ยง 1981, Title VII, PHRA, and Whistleblower Law claims.

Relevant Background

Tysh worked for Elemica from 2004 until 2019, when her role was restructure

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