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Age Discrimination › Employment Discrimination › Employment Litigation

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 -
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

U.S. Equal Employment Opportunity Commission...

Ohio Amusement Park to Pay $50,000 in EEOC Age Discrimination Suit

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Cedar Point Settles Federal Charges It Denied Seasonal Workers Aged 40 and Over Employee Housing Based on Age - CLEVELAND – Cedar Fair, L.P., doing business as Cedar Point, and Magnum Management Corporation, which own,...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

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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

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

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We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

Genova Burns LLC

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

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On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Rivkin Radler LLP

The Employment Law Reporter - March 30 2023

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York...more

Fisher Phillips

Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

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When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman...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

Faegre Drinker Biddle & Reath LLP

California Appellate Court Rules Stray Remarks Enough to Defeat Summary Judgment In Age Discrimination Case

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Stray remarks by a non-decision maker, together with other evidence, may be enough to keep a discrimination case alive, the California Court of Appeal for the second appellate district held in the recently decided Jorgensen...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data

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Agency Secures $439.2 Million in Monetary Benefits for Victims - WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

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The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

Fisher Phillips

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

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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

Bradley Arant Boult Cummings LLP

Lexology Employment Guide: Alabama

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Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,...more

Seyfarth Shaw LLP

New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable

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Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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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

Fisher Phillips

June 2020: The Top 21 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

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Precision Products Company for Age Discrimination

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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

Fox Rothschild LLP

For Employers Facing A Discrimination Claim, Being Wrong Can Also Mean Being Right (Or, At Least, Being Nondiscriminatory).

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What happens if an employer takes adverse action against an employee based on a legitimate, nondiscriminatory reason that later turns out to be wrong? Suppose, for example, an employer fires an employee based on a genuine...more

Troutman Pepper

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

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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

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

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In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Bradley Arant Boult Cummings LLP

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

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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

Fisher Phillips

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

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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

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

Fisher Phillips

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

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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

Husch Blackwell LLP

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

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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

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