News & Analysis as of October 12, 2024

Age Discrimination in Employment Act

+ Follow

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 -

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

Smith Debnam Narron Drake Saintsing & Myers,... on 8/7/2024

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

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

The continued rise of artificial intelligence in employment law — 2023 in review

McAfee & Taft on 12/29/2023

As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

EEOC sues Meatheads

McAfee & Taft on 12/27/2023

Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2023

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

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

U.S. Equal Employment Opportunity Commission... on 10/4/2022

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

ABCs of employment law: Discrimination

Constangy, Brooks, Smith & Prophete, LLP on 3/25/2022

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

Federal Appeals Court Strikes Down Contractual Time Limits On Bringing Age And Disability Discrimination Claims

Fisher Phillips on 1/22/2021

The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more

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

Hinshaw & Culbertson - Employment Law... on 11/9/2020

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

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Proskauer - California Employment Law on 8/5/2020

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) - Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more

EEOC Sues United Precision Products Company for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 4/15/2020

Aerospace Component Supplier Discriminated Against Applicant Because of his Age, Federal Agency Charges - DETROIT - United Precision Products Co., Inc., a supplier of aerospace components based in Dearborn Heights,...more

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

Troutman Pepper on 2/6/2020

Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Bradley Arant Boult Cummings LLP on 11/1/2019

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Pendulum To Swing Back As SCOTUS Prepares For Exciting 2019-2020 Term

Fisher Phillips on 10/7/2019

Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more

The Debate On Age Bias In A Hot Jobs Market

Amundsen Davis LLC on 6/20/2019

The New York Times recently published an article discussing trends in the area of unlawful age discrimination occurring at a time when the U.S. has the lowest unemployment rate in half a century. New York Times writer...more

Contractor Agreements Not Worth The Paper They’re Printed On, Part 785

Fisher Phillips on 2/27/2019

You can have the best independent contractor agreement in the world. You can hire the best gig economy lawyers in the country (ask us, we have some ideas) to draft the absolute crown jewel of a document for you, capturing the...more

Older Workers Might Get New Lower Standard to Maintain Age Discrimination Claims

Saul Ewing LLP on 2/22/2019

On Thursday, February 14, 2018, lawmakers introduced a bipartisan bill that would make it easier for workers to bring discrimination claims under the Age Discrimination in Employment Act ("ADEA"), the federal statute that...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

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on 2/7/2019

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. ...more

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

Husch Blackwell LLP on 2/6/2019

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...more

Supreme Court Hears Age Discrimination In Employment Act Case

Jackson Lewis P.C. on 10/4/2018

Does language in the Age Discrimination in Employment Act (ADEA) exempting “employers” with fewer than 20 employees apply to state governments or their subdivisions? Collin O’Connor Udell of Jackson Lewis attended the U.S....more

Revival Of Age Discrimination Lawsuit A Warning To Employers

Amundsen Davis LLC on 5/9/2018

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

7th Circuit Holds That Experience Limits May Violate ADEA

McGuireWoods LLP on 5/8/2018

On April 26, 2018, in Kleber v. CareFusion Corporation, the 7th U.S. Circuit Court of Appeals held that job applicants can pursue age discrimination claims under a disparate impact theory and that a practice of excluding job...more

Job Ads Distributed to Younger Recruits May Be Discriminatory

Troutman Pepper on 1/8/2018

Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal? A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more

EEOC Sues Professional Endodontics for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 10/26/2017

Dental Surgery Practice Fired Employee Four Days After 65th Birthday Due to Mandatory Retirement Policy, Federal Agency Charges - DETROIT - Professional Endodontics, P.C., a dental surgery practice based in Southfield,...more

35 Results

View per page

Page: of 2

Age Discrimination › Employment Discrimination › Age Discrimination in Employment Act

"My best business intelligence, in one easy email…"