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Age Discrimination › Hiring & Firing › 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 -
Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Fourth Circuit Age Discrimination Standards

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This week, the U.S. Supreme Court rejected a petition requesting review of a Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) decision that set a low bar for plaintiffs to plead...more

Littler

Littler Lightbulb: August Appellate Roundup

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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

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

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

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In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more

U.S. Equal Employment Opportunity Commission...

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

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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

Ius Laboris

Compensation ordered after email slip reveals age discrimination

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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

Polsinelli

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

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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

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

Fisher Phillips

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

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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

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

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On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Seyfarth Shaw LLP

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

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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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment

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The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

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In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

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On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext

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Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court of Appeals for the Sixth...more

Fisher Phillips

Keep (Some) Opinions to Yourself: Court Decision Reminds Sports Executives the Importance of Documentation During Hiring Process

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A recent federal appeals court decision demonstrates to employers in the sports industry the value of documenting conversations and notes made during the hiring process – and serves as a critical warning about how easily an...more

BCLP

UK HR Two Minute Monthly - November 2021

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Our November update considers key employment law developments from October 2021. It includes recent cases on age discrimination, anonymity in the employment tribunal and automatic unfair dismissal on health and safety grounds...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

Proskauer - California Employment Law

California Employment Law Notes - September 2021

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Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 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

Fisher Phillips

7 Steps Employers Can Take While Rehiring to Avoid COVID-19 Discrimination Workplace Lawsuits

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A former employee of a prominent midtown Manhattan boutique hotel filed a class-action age discrimination lawsuit against her former employer, alleging the hotel failed to rehire her or other older employees after reopening...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

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Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

Fisher Phillips

Promises Made, Promises Not Kept: Salesperson Terminated Due to Pandemic Alleges Firm Reneged on Promise Not to Enforce...

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Many employers utilize non-compete agreements and other restrictive covenants as a means to protect legitimate business interests. When a former employee violates a covenant, employers often race to the courthouse seeking...more

Littler

Seventh Circuit Decision Protects Employer’s Consideration of Long-Term Needs During Hiring Process

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An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more

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