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Employment Policies Employer Liability Issues Age Discrimination in Employment Act

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

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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

Rivkin Radler LLP

The Employment Law Reporter: Winter 2024

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Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more

Proskauer - Law and the Workplace

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more

Ballard Spahr LLP

New Jersey Law Against Discrimination Amended To Protect Employees 70 Or Older

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On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more

Winstead PC

Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies

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The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more

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

Age Discrimination and COVID-19: What to Do When Employees Are in High-Risk Groups

Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) addressed age discrimination issues related to COVID-19. Based on the U.S. Centers for Disease Control and Prevention’s (CDC) explanation that...more

Polsinelli

Med-Staff Newsletter - October 2020 | VOL 5

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The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more

Mintz - Employment Viewpoints

Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

This post has been updated to reflect additional guidance issued by the U.S. Equal Opportunity Employment Commission ("EEOC") on June 17, 2020. The EEOC has provided employers with supplemental guidance on navigating the...more

Fisher Phillips

Healthcare Employers Beware: Are Late Career Practitioner Policies Discriminatory?

Fisher Phillips on

As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more

Gray Reed

EEOC Challenges Policies Requiring Health Exams For Late-Career Employees

Gray Reed on

On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2020

Law Partnerships – Age Discrimination Against Law Firm Partners – Owners or Employees – Civil Rights Laws - Von Kaenel v. Armstrong Teasdale, LLP, 943 F. 3d 1139 (2019) - Risk Management Issue: Are law firm partners...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

Hinshaw & Culbertson LLP

Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed

Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more

Parker Poe Adams & Bernstein LLP

Internet Job Postings Pose Legal Perils for Employers

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

Fisher Phillips

EEOC Scraps Policy That Took Aim At Mandatory Workplace Arbitration

Fisher Phillips on

The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more

Akerman LLP - HR Defense

“Ok, Boomer” Not Okay in the Workplace

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The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly...more

Proskauer - California Employment Law

“OK, Boomer!”: Not Okay In the Office

As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter...more

Harris Beach PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

Harris Beach PLLC on

On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

Seyfarth Shaw LLP

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Pillsbury Winthrop Shaw Pittman LLP

New York Employment Law Outlook 2019

After a multitude of new employment laws were introduced in 2018, the new year is already shaping up to be another one of significant change at state and local levels. During 2018, a slew of New York state and local...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Bradley Arant Boult Cummings LLP

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth Circuit

Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Llanerch Country Club For Age Discrimination

Country Club Unlawfully Fired Groundskeeper Because of His Age, Federal Agency Charges - PHILADELPHIA - Llanerch Country Club (LCC), in Havertown, Pa., violated federal law by discriminating against a long-term...more

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