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Age Discrimination › Job Applicants › Age Discrimination in Employment Act

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

Fisher Phillips on

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

Genova Burns LLC

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

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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

McAfee & Taft

EEOC sues Meatheads

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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

Bradley Arant Boult Cummings LLP

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

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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

U.S. Equal Employment Opportunity Commission...

Exact Sciences to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

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

Federal Agency Charged That Molecular Diagnostics Company and Its Recruiter Rejected Sales Job Applicant Because of His Age - DENVER – Exact Sciences Corporation, a Madison, Wis.-based molecular diagnostics company, will...more

U.S. Equal Employment Opportunity Commission...

Lilly to Pay $2.4 Million to Settle Nationwide EEOC Age Discrimination Lawsuit

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

Settles Federal Charges Company Failed to Hire Older Pharmaceutical Sales Representatives - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, and its parent company, Eli Lilly and...more

U.S. Equal Employment Opportunity Commission...

iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit

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

Settles Federal Charges Tutoring Provider Programmed its Online Software to Automatically Reject More Than 200 Older Applicants - NEW YORK – iTutorGroup, three integrated companies providing English-language tutoring...more

Foley & Lardner LLP

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

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As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hatzel & Buehler, Inc. for Age Discrimination

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

Company Branch Subjected a Class of Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charges - TRENTON, n.j. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch...more

U.S. Equal Employment Opportunity Commission...

Lilly USA Sued by EEOC for Nationwide Age Discrimination

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

Company Intentionally Failed to Hire Older Pharmaceutical Sales Representatives, Federal Agency Charges - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, violated federal law by...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hillstone for Age Discrimination

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

Restaurant Refused to Hire Older Applicants at Its New York City Locations, Federal Agency Charges - NEW YORK – Hillstone Restaurant Group, Inc. violated federal law by denying employment to applicants age 40 and over for...more

Vinson & Elkins LLP

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

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If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Littler

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

Littler on

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

DirectEmployers Association

OFCCP Week In Review: December 2020 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Precision Products Company for Age Discrimination

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

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. Equal Employment Opportunity Commission...

Haynes International to Pay $180,000 to Resolve EEOC Age Discrimination Allegation

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

INDIANAPOLIS -- Haynes International Inc, a metals company headquartered in Kokomo, Ind., has agreed to pay $180,000 and furnish other relief to resolve a charge alleging age discrimination investigated by the Indianapolis...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

U.S. Equal Employment Opportunity Commission...

Norfolk Southern to Pay $350,000 to Settle EEOC Age Discrimination Lawsuit

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

Employer Refused to Hire Older Applicants For Special Agent Position, Federal Agency Charged - NEW JERSEY - Norfolk Southern Corporation, a transportation company that operates a 19,500-mile freight railroad system in 22...more

Amundsen Davis LLC

The Debate On Age Bias In A Hot Jobs Market

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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

Akerman LLP - HR Defense

Age Discrimination Claims Limited for Job Applicants

Akerman LLP - HR Defense on

A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more

Polsinelli

7th Circuit: Job Applicants Cannot Bring ADEA Disparate Impact Claims

Polsinelli on

On January 23, 2019, the U.S. 7th Circuit Court of Appeals handed employers a welcome ruling and held that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not protect outside job applicants from disparate...more

Amundsen Davis LLC

Seventh Circuit’s Rejection Of Applicant’s Age Claim Does Not Mean Employers Are Off The Hook

Amundsen Davis LLC on

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

Cozen O'Connor

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on

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

Lowndes

Older Job Applicant Loses Age Discrimination Claim Based on Job Posting Mandating “No More than 7 Years” of Experience

Lowndes on

The United States Court of Appeals for the Seventh Circuit recently issued a key opinion interpreting the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against people aged 40 and older....more

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