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Job Applicants Employer Liability Issues Age Discrimination in Employment Act

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

Genova Burns LLC on

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

Bradley Arant Boult Cummings LLP

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

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

Williams Mullen

Government Says Artificial Intelligence Discriminated Against Older Job Applicants

Williams Mullen on

Artificial Intelligence (AI) is back in the news after the United States Equal Employment Opportunity Commission (EEOC) sued an online tutoring company for alleged discrimination in violation of the Age Discrimination in...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

U.S. Equal Employment Opportunity Commission...

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

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

Troutman Pepper on

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

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

Foley & Lardner LLP

To Stalk or Not to Stalk . . . That Is the Question – Using Social Media for Applicant Review

Foley & Lardner LLP on

Now more than ever, employers are using social media to screen job applicants. According to a 2018 survey, 70 percent of employers use social media to research candidates. Using social media to research job applicants can...more

Akerman LLP - HR Defense

Age Discrimination Claims Limited for Job Applicants

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

Husch Blackwell LLP

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

Husch Blackwell LLP on

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...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

McGuireWoods LLP

7th Circuit Rejects Applicant’s Age Bias Theory

McGuireWoods LLP on

Employers can breathe a collective sigh of relief in light of the recent en banc holding of the 7th U.S. Circuit Court of Appeals in Kleber v. CareFusion Corporation. In Kleber, the full 7th Circuit vacated a 2018 panel...more

Proskauer - Law and the Workplace

Seventh Circuit Limits ADEA Protections for Job Applicants

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

Hinshaw & Culbertson LLP

Applicants Not Protected by ADEA’s Disparate Impact Theory, According to 7th Circuit

In a split decision, the Seventh Circuit Court of Appeals held en banc that the Age Discrimination in Employment Act's (ADEA) protections against disparate impact age discrimination do not extend to applicants. Rather, they...more

Bradley Arant Boult Cummings LLP

Deep Impact – 7th Circuit Holds that Disparate Impact Claims for Job Applicants Not Covered by ADEA

You might have seen all the buzz about the Seventh Circuit’s recent decision in Kleber v. CareFusion Corporation holding that job applicants were not covered by the Age Discrimination in Employment Act (ADEA). Does that mean...more

Littler

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

Littler on

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination....more

Nilan Johnson Lewis PA

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

Nilan Johnson Lewis PA on

The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v....more

FordHarrison

Seventh Circuit Limits Job Applicants' Age Discrimination Claims

FordHarrison on

A divided U.S. Court of Appeals for the Seventh Circuit, sitting en banc, recently ruled 8-4 that job applicants may not bring claims for unintentional age discrimination under the Age Discrimination in Employment Act (ADEA)....more

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

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