Age Discrimination in Employment Act

News & Analysis as of

EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again

A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act.  The decision in Equal...more

EEOC Sued Blinded Veterans Association for Age Discrimination

Organization Fired Two Older Employees Because of Age, Federal Agency Charges WASHINGTON -- Blinded Veterans Association (BVA), a Washington, D.C.-based non-profit that provides services to blind veterans, violated...more

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

Judicial Review of EEOC Conciliation Efforts

Title VII of the Civil Rights Act of 1964 mandates that “…if the EEOC [Equal Employment Opportunity Commission] finds that there is reasonable cause to believe a charge of discrimination against a private party it “shall...more

Employee Benefits Developments - November 2014

Health Care Cost Consideration May Support Age Discrimination Claim. Recently, the U.S. Court of Appeals for the Eighth Circuit overturned a lower court’s summary judgment ruling against a plaintiff’s age discrimination...more

Ninth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”

McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According...more

Murphy School District No. 21 to Pay $138,000 to Settle EEOC Age Discrimination Lawsuit

Federal Agency Says School Used Retirement Plans That Were Facially Discriminatory - PHOENIX -- Murphy School District No. 21 used an early retirement incentive plan which granted greater economic benefits to employees...more

The ERISA Litigation Newsletter

Editor's Overview - As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more

EEOC Roundup: October 2014

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

Don't Let the OWBPA Put a Rift in Your RIF

Are you considering a reduction in force (RIF) that includes a severance package for employees? Are some of the employees included in the RIF over the age of 40? Before you take another step, make sure you know the...more

EEOC’s Tough Stance on Employee Separation Agreements

Employers like separation agreements. Separation agreements, of course, are contracts that employees sign when their employment is terminated that allows them to be paid severance and in exchange they usually give up the...more

Company Pays $210,000 to Settle Age-Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission (EEOC) sued an industrial supply company, alleging age discrimination in recruiting and hiring in violation of the Age Discrimination in Employment Act (ADEA). The company...more

Report From Counsel: Insights and Developments in the Law - Fall 2014

In this Report: - Homeowners’ Insurance: The Devil Resides in the Details - “Cybersmear” Lawsuits - Age Discrimination in Employment - The Marital Deduction: A Valuable Estate Planning...more

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

What Employers Don’t Know about Applicants Using Social Media Can’t Hurt Them.

An interview conducted earlier this year with Senior Trial Attorney Edward Loughlin of the Equal Employment Opportunity Commission (“EEOC”), who is charged with prosecuting employers for violations of Title VII, and the like,...more

Federal Court Dismisses Complaint Against EEOC for Unauthorized Use of Employer’s E-Mail System

Late last year we reported that Case New Holland, Inc. (CNH) had sued the EEOC after learning that the agency, in the course of investigating a claim of age discrimination, had sent a blast email. This email was linked to a...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Eighth Circuit Says Termination Made to Lower Health Care Costs Constitutes Age Discrimination

Under the U.S. Supreme Court’s 1993 Hazen Paper decision, employers that select employees for layoff using the date of vesting of their pensions based on years of service are not discriminating on the basis of age, even if...more

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

Atchison Transportation to Pay $85,000 to Settle EEOC Age Discrimination Suit

Transportation Company Fired Older Drivers Because of Their Age, Federal Agency Charged - SPARTANBURG, S.C. - Spartanburg, S.C.-based Atchison Transportation Services, Inc., the largest full-service ground...more

HiLine Electric to Pay $210,000 to Settle EEOC Age Discrimination Suit

Industrial Supply Business Used Age Criterion in Hiring and Recruitment Practices, Federal Agency Charged - DALLAS - HiLine Electric Co., a Dallas-based industrial supply business, will pay $210,000 and furnish other...more

Age Discrimination In Employment

The combined effects of an aging population and a sluggish economy have led to an increase in lawsuits alleging age bias in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the...more

AGENCY ACTION: EEOC: Trolling for plaintiffs

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

DSW Will Pay $900,000 to Resolve EEOC Age Discrimination Case

Federal Agency Charged Discount Shoe Chain Illegally Fired Older Workers - CHICAGO - DSW Inc., with over 10,000 employees nationwide, will pay $900,000 to end an age discrimination lawsuit brought by the U.S. Equal...more

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