News & Analysis as of October 16, 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 -

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

Parker Poe Adams & Bernstein LLP on 5/3/2024

The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2021

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

It is Now Easier For Federal Workers to Prove Age Bias

Kelley Drye & Warren LLP on 4/15/2020

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on 4/13/2020

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Supreme Court Decides Babb v. Wilkie, No. 18-882

Faegre Drinker Biddle & Reath LLP on 4/9/2020

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on 5/17/2019

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Seventh Circuit Limits ADEA Protections for Job Applicants

Proskauer - Law and the Workplace on 1/30/2019

On January 23, 2019, the Seventh Circuit held that the ADEA’s prohibition of disparate impact discrimination do not extend to job applicants. Kleber v. CareFusion Corp., No. 17-cv-1206....more

Key California Employment Law Cases: April 2017

Payne & Fears on 6/26/2017

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

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Age Discrimination › Reversal › Employer Liability Issues

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