News & Analysis as of September 15, 2024

Age Discrimination › Corporate Counsel › Title VII

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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

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on 8/14/2023

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 Lightbulb – July Employment Appellate Roundup

Littler on 8/10/2023

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

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

SCOTUS Case Watch 2019-2020: Welcome to the New Term

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/9/2019

The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical...more

U.S. Supreme Court Roundup – 2018-2019

Jackson Lewis P.C. on 7/10/2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

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

Jackson Lewis P.C. on 4/30/2019

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

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2018

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

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

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

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

Parker Poe Adams & Bernstein LLP on 10/25/2016

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more

Causation In Federal Remedial Rights And Alternative Pleading

Seyfarth Shaw LLP on 10/21/2015

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

EEOC takes aim at Target for discriminatory pre-employment tests

McAfee & Taft on 8/27/2015

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

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