News & Analysis as of

Hiring & Firing Class Action Age Discrimination in Employment Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
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

Fox Rothschild LLP

The EEOC Obtains a Settlement in its Artificial Intelligence Class Action

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We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...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

Troutman Pepper

Social Media Job Postings And Age Discrimination

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Q: Does using social media advertisements targeted to younger potential applicants raise age discrimination concerns? A: The Age Discrimination in Employment Act (“ADEA”) makes it illegal to discriminate against workers...more

Seyfarth Shaw LLP

School Scores Summary Judgment Win In ADEA Collective Action

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Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Amundsen Davis LLC

U.S. District Court for the Eastern District of California Holds that Job Applicants May Bring Disparate Impact Claims under ADEA

Amundsen Davis LLC on

On February 17, 2017, the United States District Court for the Eastern District of California held that job applicants could proceed with their disparate impact claim brought under the Age Discrimination in Employment Act...more

Genova Burns LLC

Third Circuit Allows “Subgroup” Disparate-Impact Claims to Proceed Under The ADEA

Genova Burns LLC on

Employers are well aware of the federal Age Discrimination in Employment Act (“ADEA”), which protects individuals over the age of forty, as well as its disparate-impact provision, which makes it unlawful for an employer to...more

Proskauer - California Employment Law

California Employment Law Notes - September 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

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

Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes,...more

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