News & Analysis as of October 16, 2024

Discrimination

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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 -

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

Update On Proposed Oregon Legislation – What Employers Need To Know

Tonkon Torp LLP on 4/13/2021

For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on 2/26/2021

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

DFEH Reports Age Discrimination And Retaliation Claims On the Rise

Seyfarth Shaw LLP on 10/10/2018

Seyfarth Synopsis: The California Department of Fair Employment and Housing issues a yearly report describing its complaint and litigation trends....more

EEOC Sues Waterford School District for Retaliation

U.S. Equal Employment Opportunity Commission... on 3/30/2018

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...more

New California Labor and Employment Laws for 2018

Holland & Knight LLP on 12/14/2017

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Finally! Something That's Not "Protected Activity" in California

FordHarrison on 11/16/2016

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Religious Institutions Update: October 2016

Holland & Knight LLP on 10/27/2016

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

Littler on 8/9/2016

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

California Employment Law Notes - September 2015

Proskauer - California Employment Law on 9/8/2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Missouri Appellate Court Enforces Delegation Clause, Holds Arbitrator Has Authority to Decide Whether Claims Are Arbitrable

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2015

This year, Missouri courts have issued several decisions interpreting arbitration agreements between employers and employees. While some of these agreements have been enforced, others have been struck down. The Missouri Court...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

Proskauer - Employee Benefits & Executive... on 10/20/2014

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

EEOC Charges Strategic Legal Solutions with Age Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/26/2014

Company Rescinds Job Offer After Learning Attorney's Age And Bans Her for Complaining About Ageism, Federal Agency Says - NEW YORK - Strategic Legal Solutions, a national legal staffing and legal project management...more

CFPB Employee Review Disparities Go Beyond Race

Ballard Spahr LLP on 5/21/2014

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

EEOC Lawsuit Challenges Discriminatory Hiring, Retaliation at PMT Corporation

U.S. Equal Employment Opportunity Commission... on 3/11/2014

Minnesota Medical Device Company Barred Women and Older Applicants from Sales Jobs, Retaliated Against Employee for Complaining, Federal Agency Charged - MINNEAPOLIS - A Chanhassen, Minn., medical device and equipment...more

Employer's Contemporaneous Documentation of Verbal Counseling Helps It Win Discrimination Lawsuit

Laner Muchin, Ltd. on 2/18/2014

The Seventh Circuit recently upheld the summary judgment dismissal of a former hospital worker's claims for national origin and age discrimination after the worker was fired for repeatedly sending "negative, unprofessional,...more

Employment Law -- Dec 20, 2013

Manatt, Phelps & Phillips, LLP on 12/20/2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Brandman University to Pay $38,000 to Settle EEOC Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 9/19/2013

Agency Obtains Relief for Employee Protesting Age Discrimination - SAN FRANCISCO - Brandman University, a private educational institution with more than 25 campuses throughout California and Washington, has agreed to...more

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Fisher Phillips on 9/10/2013

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

EEOC Sues PJP Health Agency, Inc. for Age Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/19/2013

Health Insurance Broker Harassed and Discharged Employees Because of Their Age, Federal Agency Charges - NEW YORK - A health insurance broker with offices in Melville, Lake Success and Garden City violated federal law...more

Supreme Court Requires “But-For” Causation In Title VII Retaliation Claims

Franczek P.C. on 6/25/2013

In 2009, the Supreme Court made it more difficult to prevail on a claim under the federal age discrimination statute by holding that a plaintiff must show that the protected activity was the “but for” cause of the adverse...more

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

U.S. Equal Employment Opportunity Commission... on 3/1/2013

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

Littler on 2/4/2013

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

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