Age Discrimination in Employment Act

News & Analysis as of

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

EEOC Sues Dunecraft for Age-Based Harassment, Discrimination and Retaliation

Company President Repeatedly Made Age-Biased Remarks and Fired a Logistics Manager Because of His Age and Complaints About the Harassment, Federal Agency Charges - CLEVELAND - DuneCraft, Inc., a Warrensville Heights,...more

Do Recent Events Impact Your Discrimination and Harassment Training?

You’ve probably already heard about President Obama’s executive order banning anti-LGBT workplace discrimination. The question is, how will it impact you and your organization? Have you heard that the EEOC recently...more

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

Employee Testing Compliance May Test Your Patience

Federal law governs how an employer may test prospective hires and employees. The laws are designed to ensure that employment decisions are based on knowledge, skills, and abilities, rather than membership in a protected...more

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies...more

New Executive Order Places Additional Reporting Obligations on Government Contractors and Creates an Additional Weapon in the...

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires both government contracting officers and government contractors to track and coordinate contractor and subcontractor...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Executive Order Requires Reporting Labor Law Violations and Prohibits Arbitration Agreements

As part of President Obama's "Year of Action," President Obama recently announced the Fair Pay and Safe Workplaces Executive Order (the "Executive Order"). The Executive Order will require prospective federal...more

Protection from Sexual-Orientation Discrimination in Pennsylvania

In Whitewood v. Wolf, a federal judge struck down a Pennsylvania law that limited the definition of marriage to that between “one man and one woman.” In his momentous opinion, Judge Jones also declared that classifications...more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

When can a mandatory retirement age be justified?

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

EEOC Sues Allegheny County Court of Common Pleas for Age Discrimination

Court Fired 70-Year-Old Employee Because of Age, Federal Agency Charges - PITTSBURGH - The Court of Common Pleas of Allegheny County, Fifth Judicial District of Pennsylvania, violated federal law by firing an employee...more

Age Discrimination No Longer Requires Proof of Younger Replacement

In EEOC v. Lehi Roller Mills Co., the United States District Court for the District of Utah held that a plaintiff alleging age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) need not show that he...more

Bobby Dodd Institute to Pay $40,000 to Settle EEOC Age Discrimination Suit

Federal Agency Charged Institute Revoked Job Offers Because of Age - ATLANTA - Bobby Dodd Institute, Inc. of Atlanta, an organization that provides employment opportunities to disabled individuals, will pay $40,000 and...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 28: The Older Workers Benefit Protection...

In 1990, Congress amended the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination for workers 40 and older) to add rules regarding the waiver of the right to sue under the ADEA. Unlike Title VII, where...more

A New Defense Against Municipal Disparate Impact Claims

Banks and non-bank lenders face a variety of fair lending disparate impact claims, which allege unintentional and unfavorable disparate impacts of otherwise neutral policies or practices on minority borrowers. Regulators,...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

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

Houston City Council Passes City's First Anti-Discrimination in Private Employment Ordinance

On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 6: In 1967, Congress Prohibits Age...

The 1964 enactment of Title VII was a watershed moment in workplace civil rights, but the new law was selective in its protections. Workers were protected from discrimination based on race, sex and religion, for example, but...more

Whistling Arbitration

In Santoro v. Accenture Federal Services, LLC, No. 12-2561 (4th Cir. May 5, 2014), an employee brought ADEA, FMLA and ERISA claims against a former employer. The employer moved to compel arbitration, and the employee opposed...more

Weirton Medical Center to Pay $12,500 to Settle EEOC Age and Disability Discrimination

Hospital Refused to Hire Worker Because of His Age and Perceived Disability, Federal Agency Said - WHEELING, W.V. -- Weirton Medical Center, a community hospital in Weirton, W.V., will pay $12,500 and furnish...more

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