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Age Discrimination › Corporate Counsel › Employer Liability Issues

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 -
Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

Vedder Price on

On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Fisher Phillips

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

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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

Bradley Arant Boult Cummings LLP

New Boss Is Definitely Not the Same as the Old Boss: 7th Circuit Allows Age Discrimination Claim to Go Forward

Bradley Arant Boult Cummings LLP on

Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more

Bond Schoeneck & King PLLC

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

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In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...more

Seyfarth Shaw LLP

A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

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Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview...more

Parker Poe Adams & Bernstein LLP

Statistics on Average Age of Employees Selected for Reduction in Force Helps Reverse Dismissal of Discrimination Claim

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Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more

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

Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment

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

The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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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

Littler

Connecticut Limits Inquiries into Prospective Employees’ Ages

Littler on

On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut’s Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees “on an...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

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Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

FordHarrison on

In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more

Fisher Phillips

January 2021: The Top 18 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

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

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

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Faegre Drinker Biddle & Reath LLP

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

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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

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Butler Snow LLP

COVID-19 and the Age Discrimination in Employment Act

Butler Snow LLP on

Employers: during a pandemic that appears to hit patients over 65 years and older the hardest, are you taking the appropriate steps to ensure that you do not discriminate against your older employees, while also protecting...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

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In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Seyfarth Shaw LLP

Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process...

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview...more

Jackson Lewis P.C.

Supreme Court: Federal Employees Can Sue Over Any Age Discrimination In Employment Decision

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The U.S. Supreme Court has ruled that federal government employees can sue for age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) when age bias taints the decision-making process, not merely when...more

Gray Reed

EEOC Challenges Policies Requiring Health Exams For Late-Career Employees

Gray Reed on

On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more

Proskauer - California Employment Law

“OK, Boomer!”: Not Okay In the Office

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As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter...more

Nilan Johnson Lewis PA

EEOC Finds Age-Restricted Advertisements Violate ADEA

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Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more

Proskauer - California Employment Law

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

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Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on...more

Proskauer - California Employment Law

California Jury Awards $15.4 Million to Former Jack in the Box Employee

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In a decision unsurprising to anyone familiar with what California juries have been up to lately, fast-food titan Jack in the Box was ordered to pay $15.4 million (including a staggering $10 million in punitive damages) last...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Age Discrimination Verdict Despite Shaky Evidence of Bias

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For employers in North Carolina and South Carolina, perhaps the most important change in their exposure to legal claims from employees has resulted from the appointment of new judges to the Fourth Circuit Court of Appeals who...more

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