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Age Discrimination › Adverse Employment Action

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... more +
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 -
Perkins Coie

Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Perkins Coie on

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

Tucker Arensberg, P.C. on

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Proskauer - Law and the Workplace

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

Proskauer - Law and the Workplace on

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

McAfee & Taft

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

McAfee & Taft on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

FordHarrison

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

FordHarrison on

On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more

Bradley Arant Boult Cummings LLP

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

Bradley Arant Boult Cummings LLP on

What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

Parker Poe Adams & Bernstein LLP on

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis Automotive Group / BMW Cleveland for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Car Dealer Failed to Rehire and Terminated Older Workers, Federal Agency Charges - CLEVELAND - Davis Automotive Group, Inc., doing business as BMW Cleveland, an automobile dealership located in Solon, Ohio, violated...more

U.S. Equal Employment Opportunity Commission...

Keer America Corporation to Pay $32,000 To Settle Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Textile Manufacturer Discriminated Against Experienced Sales Leader By Firing Him After Learning His Age, Federal Agency Charged - GREENVILLE, S.C. - Indian Land, S.C., textile manufacturer Keer America Corporation has...more

Seyfarth Shaw LLP

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Capital City Dental Care for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Dental Practice Fired Dental Hygienists Because of Age, Federal Agency Charges - HARRISBURG, Pa. - Capital City Dental Care, a dental practice headquartered in Harrisburg, Pa., violated federal law when it fired a group...more

Genova Burns LLC

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Payne & Fears

Key California Employment Law Cases: January 2018

Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

Bradley Arant Boult Cummings LLP

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

Bradley Arant Boult Cummings LLP on

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

FordHarrison

Finally! Something That's Not "Protected Activity" in California

FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #2

Manatt, Phelps & Phillips, LLP on

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

Seyfarth Shaw LLP

Causation In Federal Remedial Rights And Alternative Pleading

Seyfarth Shaw LLP on

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

Constangy, Brooks, Smith & Prophete, LLP

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

Constangy, Brooks, Smith & Prophete, LLP on

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

Constangy, Brooks, Smith & Prophete, LLP

Shrink Says Sports Columnist May Not Recover From Depression

Constangy, Brooks, Smith & Prophete, LLP on

Mr. Simers is suing the Times for age and disability discrimination in connection with his demotion. He resigned from the Times in October 2013, wrote for the Orange County Register for about another year, and then took a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several...more

Manatt, Phelps & Phillips, LLP

Employment Law - Oct 2014 #3

Manatt, Phelps & Phillips, LLP on

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

Proskauer - Employee Benefits & Executive... on

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

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