News & Analysis as of September 15, 2024

Employer Liability Issues

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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 -

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

Perkins Coie on 3/21/2024

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

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

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

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

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

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

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

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

Older Applicants Cannot Utilize ADEA To Challenge Neutral Hiring Criteria, Seventh Circuit Rules

Jackson Lewis P.C. on 1/29/2019

The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019). Accordingly, in...more

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

FordHarrison on 11/29/2018

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Supreme Court Rules ADEA Extends To Small Government Employers

Amundsen Davis LLC on 11/7/2018

On Tuesday November 6th, slightly over five weeks after hearing oral arguments, the Supreme Court, by an 8-0 vote, ruled that small government units are covered under the Age Discrimination in Employment Act (ADEA) regardless...more

Mariscos Altata To Pay $220,000 To Settle EEOC Sexual And Age-Based Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/21/2018

Phoenix Restaurant Subjected Women to Physical and Verbal Abuse, Federal Agency Charges - PHOENIX - Phoenix restaurant Francisco Fine Foods LLC, doing business as Mariscos Altata, agreed to pay $220,000 and furnish other...more

EEOC Acting Chair Lipnic Releases Report on The State Of Older Workers And Age Discrimination 50 Years After The ADEA

U.S. Equal Employment Opportunity Commission... on 6/27/2018

WASHINGTON - Victoria A. Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a report today on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in...more

The Seventh Circuit Affirms Standards for Retaliation Claims

Faegre Drinker Biddle & Reath LLP on 4/6/2018

In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA). The case involved a...more

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Troutman Pepper on 4/3/2018

Q. If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A. While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

EEOC Sues Waterford School District for Retaliation

U.S. Equal Employment Opportunity Commission... on 3/30/2018

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...more

School Scores Summary Judgment Win In ADEA Collective Action

Seyfarth Shaw LLP on 3/15/2018

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

IT Staffing Company Pays $50,000 To Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 3/9/2018

Company Told Applicant "Age Will Matter," Federal Agency Says - NEWARK, N.J. --- Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will...more

Annual Report on EEOC Developments — Fiscal Year 2017

Littler on 2/28/2018

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Montrose Memorial Hospital to Pay $400,000 To Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/4/2018

Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

Seyfarth Shaw LLP on 12/8/2017

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

Akerman LLP on 10/27/2017

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...more

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