News & Analysis as of

Age Discrimination Civil Rights Act Title VII

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 -
U.S. Equal Employment Opportunity Commission...

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

U.S. Equal Employment Opportunity Commission...

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

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

Husch Blackwell LLP

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

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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

U.S. Equal Employment Opportunity Commission...

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

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

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Littler

Littler Lightbulb – July Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

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Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

U.S. Equal Employment Opportunity Commission...

R3 Government Solutions to Pay $82,500 to Resolve EEOC Discrimination and Retaliation Suit

Company Settles Federal Charges It Fired Recruiter Because of Her Race and For Opposing Discrimination - ALEXANDRIA, Va. – R3 Government Solutions, LLC, a federal contractor, will pay $82,500 and provide other relief to...more

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

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

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

U.S. Equal Employment Opportunity Commission...

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

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

McGlinchey Stafford

Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws

McGlinchey Stafford on

On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more

Proskauer - Law and the Workplace

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

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

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

U.S. Equal Employment Opportunity Commission...

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

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

White and Williams LLP

More Protections Available to Older Employees in New Jersey

White and Williams LLP on

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

U.S. Equal Employment Opportunity Commission...

Aerotek to Pay $3.525 Million to Conciliate EEOC Systemic Investigations

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Proskauer - California Employment Law

California Employment Law Notes - January 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

Seyfarth Shaw LLP

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

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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

Akerman LLP - HR Defense

Workplace Changes to Expect Under a Biden Administration: Part I

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The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this...more

Hinshaw & Culbertson - Employment Law...

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

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

Faegre Drinker Biddle & Reath LLP

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

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

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