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Age Discrimination › Appeals › Employment Litigation

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 -
Parker Poe Adams & Bernstein LLP

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

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The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

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On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Genova Burns LLC

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

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On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Parker Poe Adams & Bernstein LLP

Discussion of Employee's Impending Retirement Not Evidence of Age Discrimination

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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

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

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

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On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

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The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

Fisher Phillips

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

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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

Winstead PC

Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies

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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

Genova Burns LLC

A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s...

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A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division...more

Parker Poe Adams & Bernstein LLP

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

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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

Bradley Arant Boult Cummings LLP

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

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Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Hogan Lovells

Employment News: Disability, Whistleblowing, Age

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Perception is king – rejection for hearing impairment perceived disability discrimination - In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...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

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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

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

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The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more

Genova Burns LLC

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

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The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

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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

Lowndes

Older Job Applicant Loses Age Discrimination Claim Based on Job Posting Mandating “No More than 7 Years” of Experience

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The United States Court of Appeals for the Seventh Circuit recently issued a key opinion interpreting the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against people aged 40 and older....more

Littler

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

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A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination....more

Nilan Johnson Lewis PA

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

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The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v....more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Genova Burns LLC

New Jersey Appellate Division Invalidates Jenny Craig Employee Arbitration Provision

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This week, in Marilyn Flanzman v. Jenny Craig Inc. et al., No. A-2580-17, a panel of the Appellate Division found that an arbitration provision between weight loss company Jenny Craig and a former employee was unenforceable...more

Littler

Seventh Circuit Opines on "Reasonable Factor Other Than Age" Defense to ADEA Claim Stemming from Benefit Plan Elimination

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The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

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

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

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Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...more

Hogan Lovells

Employment news - March 2018

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Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...more

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