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Age Discrimination › Discrimination › Adverse Employment Action

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 -
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

FordHarrison

Finally! Something That's Not "Protected Activity" in California

FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Manatt, Phelps & Phillips, LLP

Employment Law - Oct 2014 #3

Manatt, Phelps & Phillips, LLP on

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

Proskauer - Employee Benefits & Executive... on

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Proskauer Rose LLP

California Employment Law Notes - July 2014

Proskauer Rose LLP on

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues PJP Health Agency, Inc. for Age Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on

Health Insurance Broker Harassed and Discharged Employees Because of Their Age, Federal Agency Charges - NEW YORK - A health insurance broker with offices in Melville, Lake Success and Garden City violated federal law...more

Foley & Lardner LLP

An "Honest Belief" Remains a Viable Defense Option

Foley & Lardner LLP on

Termination and other adverse employment actions often give rise to claims of intentional discrimination and other litigation. In many cases, the issues will boil down to an assertion that the facts supporting the employer’s...more

Sherman & Howard L.L.C.

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

Sherman & Howard L.L.C. on

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

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