#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more
INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more
On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more
It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more
In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more
An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more
Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more
The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more
The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more
Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the...more
On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more
In fall 2018, Dutch media personality and self-proclaimed “positivity trainer” Emile Ratelband garnered worldwide attention after petitioning a Dutch court to change his age by 20 years. Ratelband was born in 1949 and wanted...more
Federal Agency Charged University's Medical Center Fired Manager for Reporting Age Discrimination - ST. LOUIS - The University of Kansas will pay $144,000 and furnish other relief to settle a retaliation lawsuit filed by...more
Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more
INDIANAPOLIS -- Haynes International Inc, a metals company headquartered in Kokomo, Ind., has agreed to pay $180,000 and furnish other relief to resolve a charge alleging age discrimination investigated by the Indianapolis...more
Health Care Provider Fired Older Workers Because of Their Age, Federal Agency Charges - BATESVILLE, Ark. - White River Health System, Inc., a provider of health care services throughout North Central Arkansas, violated...more