News & Analysis as of September 15, 2024

Age Discrimination › Corporate Counsel › Job Applicants

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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... 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 -

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

Fisher Phillips on 7/23/2024

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

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

Proskauer - Law and the Workplace on 3/8/2023

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

Is Age Just A Number? The Third Circuit Thinks It Can Be

Genova Burns LLC on 8/24/2022

On August 15, 2022, in Cronin v. Booz Allen Hamilton Inc., et al., the Third Circuit Court of Appeals upheld the District of New Jersey’s grant of summary judgement to Booz Allen on Cronin’s age discrimination claims, finding...more

Connecticut Limits Inquiries into Prospective Employees’ Ages

Littler on 7/29/2021

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

Seventh Circuit’s Rejection Of Applicant’s Age Claim Does Not Mean Employers Are Off The Hook

Amundsen Davis LLC on 2/12/2019

On January 23, 2019, an en banc panel of the 7th Circuit Court of Appeals held that the Age Discrimination in Employment Act’s (ADEA) disparate impact protections do not apply to job applicants. By way of background,...more

No "Disparate Impact" Claim For Older Applicants, Court Says

Constangy, Brooks, Smith & Prophete, LLP on 1/25/2019

Another chapter in a continuing saga. I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who...more

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

Hogan Lovells on 5/15/2018

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/3/2017

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission...more

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