News & Analysis as of

Age Discrimination in Employment Act

Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual...more

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

by Hinshaw & Culbertson LLP on

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

EEOC Holds Conversation With Society of Human Resource Management Foundation VP Tina Sung

AARP CEO Also Conducts Age Bias Dialogue With EEOC Acting Chair Victoria A. Lipnic - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Tina Sung from the Society for Human Resource...more

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more

EEOC Sues Atlas Resource Partners for Age Bias

Experienced Production Foreman Fired Because of His Age, Federal Agency Charges - DALLAS - A 52-year old production foreman with years of industry experience was pushed out of his job at the hands of a new superintendent...more

Age Discrimination and Outdated Views Of Older Workers Persist, Experts Tell Commission

In 50th Anniversary of ADEA, Impact of Age Discrimination Felt Across Nation's Economy - WASHINGTON - Persistent age discrimination and stereotypes about older workers continue to channel older workers out of the...more

City Colleges of Chicago Will Pay $60,000 To Settle EEOC Age Discrimination Lawsuit

College Refused to Hire Adjunct Professor for Full-Time Position Because of Her Age, Federal Agency Charged - CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal discrimination lawsuit filed by the U.S....more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Class Action Roundup: Spring 2017

by Alston & Bird on

Happy New Year! While we acknowledge that it’s nearly summer now, this issue of Roundup includes case highlights from the first quarter of 2017. The year kicked off with more activity than the last quarter of 2016, with cases...more

EEOC to Examine Age Discrimination at Commission Meeting

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, June 14, from 9:30 a.m. to 12:30 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E., Washington, D.C. The...more

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

by Carlton Fields on

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

Midyear Peek: What Has The EEOC Been Up To In FY 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Reviewing the EEOC’s case filings during the first half of the Commission’s fiscal year may already reveal some surprising trends, most notably a sharp uptick in the total number of case filings – up 75%...more

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

EEOC Announces Featured Speakers at Annual Excel Conference on Employment Discrimination Law

AARP CEO to Deliver Keynote Speech on Persistent Problem of Age Bias - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that several nationally known authorities on equal employment...more

Top 10 Mistakes Employers Make in Employment Applications

Employment applications—almost every employer in the country uses them. They can seem innocuous, but they contain a number of minefields of which employers should be aware....more

EEOC Sues Ruby Tuesday For Age Discrimination

Boca Raton Restaurant Refuses to Hire a Qualified Applicant Because It Wanted to 'Maximize Longevity,' Federal Agency Charges - FORT LAUDERDALE, Fla. - Ruby Tuesday, Inc., a national casual dining restaurant chain,...more

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

EEOC Sues It Staffing Company Diverse Lynx For Age Discrimination

Princeton Company Refused to Refer Older Applicant for Job Because 'Age Will Matter,' Federal Agency Charges - NEWARK, N.J. - Diverse Lynx, a Princeton, N.J.-based IT staffing firm, violated federal law when it failed to...more

New 'Digest of EEO Law' Issued by EEOC - Includes Key Federal Sector Decisions, Special Article on Age Discrimination

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available on the EEOC's website....more

Recruiting for youthful workforce leads to age discrimination lawsuits

by McAfee & Taft on

Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young...more

8th Circuit Finds ADEA Does Not Preclude Arbitration

One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

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