News & Analysis as of November 15, 2024

Employer Liability Issues

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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 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 -

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

Fisher Phillips on 10/28/2024

Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...more

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

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

EEOC Sues Smithfield Foods for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 5/20/2024

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 5/14/2024

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a...more

UK HR Two-Minute Monthly: April 2024

BCLP on 4/30/2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

The Ninth Circuit Reminds Us: Every Word Matters

Tyson & Mendes LLP on 4/19/2024

Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2024

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

Genova Burns LLC on 2/5/2024

On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024

Bradley Arant Boult Cummings LLP on 12/20/2023

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Compensation ordered after email slip reveals age discrimination

Ius Laboris on 9/13/2023

The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more

EEOC Settles First AI Hiring Bias Lawsuit

DCI Consulting on 8/25/2023

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

The Real Risks of Artificial Intelligence in the Workplace: EEOC Obtains First Settlement in AI Class Action

Polsinelli on 8/24/2023

In May 2022, the EEOC filed an age discrimination lawsuit against a group of affiliated companies employing English-language tutors. According to the EEOC, for a brief period in the spring of 2020, those companies programmed...more

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

Baker Donelson on 8/18/2023

The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

Amundsen Davis LLC on 8/17/2023

The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

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

Fisher Phillips on 8/15/2023

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

Colorado’s New Job Application Law Prohibits Age-Related Inquiries

Brownstein Hyatt Farber Schreck on 7/17/2023

Colorado employers should take heed to update their initial job applications, including online forms, to comply with Colorado’s new “Job Application Fairness Act,” codified at C.R.S Section 8-2-131. The new requirements went...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Colorado Enacts Legislation Restricting Employers from Requesting Age-Related Information from Job Applicants

Littler on 6/12/2023

On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process. JAFA’s...more

Colorado’s Job Application Fairness Act Restricts Employers’ Ability to Request Age-Related Information From Applicants

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2023

On June 2, 2023, Colorado enacted the Job Application Fairness Act (JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring...more

A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

Seyfarth Shaw LLP on 5/24/2023

Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview...more

[Webinar] 2022 Annual Labor & Employment Update - December 9th, 9:00 am - 4:10 pm ET

Harris Beach PLLC on 11/11/2022

On December 9, our Labor and Employment Group will present its annual full-day webinar on updates and developments in labor and employment law. Topics to be discussed include state legislative updates, conduct and behavior...more

Colorado Employers - Get Ready for a Wave of New Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/11/2022

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

Tucker Arensberg, P.C. on 7/6/2022

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

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