News & Analysis as of October 12, 2024

Title VII

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Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age. less -

Ohio Nursing and Rehabilitation Facility to Pay $150,000 in Age, Sex and Retaliation Discrimination Case

U.S. Equal Employment Opportunity Commission... on 8/21/2024

Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on 7/23/2024

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

EEOC Sues Ohio Nursing and Rehabilitation Facility for Age, Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2023

Federal Agency Charges The Laurels of Athens Discriminated Against Employee Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, violated federal civil...more

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on 10/3/2023

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 9/29/2023

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2023

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Staffing Solutions to Pay $550,000 to Settle EEOC Discriminatory Hiring and Placement Suit

U.S. Equal Employment Opportunity Commission... on 10/4/2022

Company Rejected Black, Disabled, Pregnant and Older Applicants and Forced Out Office Manager Who Opposed Discrimination, Federal Agency Charged - BUFFALO, N.Y. – Staffing Solutions of WNY Inc., a Buffalo-based staffing...more

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

Proskauer - Law and the Workplace on 4/5/2022

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

ABCs of employment law: Discrimination

Constangy, Brooks, Smith & Prophete, LLP on 3/25/2022

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

County of Fresno to Pay $50,000 to Settle Race and Age Discrimination Charges

U.S. Equal Employment Opportunity Commission... on 12/15/2021

County Failed to Promote Older Black Employee, Federal Agency Charged - FRESNO, Calif. – The County of Fresno will pay $50,000 and will provide other injunctive relief to settle a federal charge of race and age...more

More Protections Available to Older Employees in New Jersey

White and Williams LLP on 10/28/2021

New Jersey’s Law Against Discrimination (LAD) prohibits employers from unlawfully discriminating against employees based on, among other things, their race, color, national origin, nationality, ancestry, disability, national...more

Aerotek to Pay $3.525 Million to Conciliate EEOC Systemic Investigations

U.S. Equal Employment Opportunity Commission... on 10/4/2021

Placement Agency Denied Recruitment, Referrals, and/or Hire in Violation of Federal Anti-Discrimination Laws - CHICAGO – Aerotek, a national temporary placement agency, has agreed to pay $3.525 million to resolve federal...more

Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit

Seyfarth Shaw LLP on 3/2/2021

Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when...more

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on 2/26/2021

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

California Employment Law Notes - January 2021

Proskauer - California Employment Law on 2/1/2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

Federal Appeals Court Strikes Down Contractual Time Limits On Bringing Age And Disability Discrimination Claims

Fisher Phillips on 1/22/2021

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

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

Seyfarth Shaw LLP on 1/15/2021

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

OFCCP Week In Review: December 2020 #2

DirectEmployers Association on 12/14/2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

They May Regret This decision.

Constangy, Brooks, Smith & Prophete, LLP on 12/11/2020

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Hinshaw & Culbertson - Employment Law... on 11/9/2020

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation

Faegre Drinker Biddle & Reath LLP on 8/7/2020

In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment...more

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on 7/24/2020

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

#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®

Epstein Becker & Green on 6/17/2020

It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news: SCOTUS Rules Title VII Protects LGBTQ...more

Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed

Hinshaw & Culbertson LLP on 2/5/2020

Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more

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Age Discrimination › Age Discrimination in Employment Act › Title VII

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