Age Discrimination in Employment Act

News & Analysis as of

Rental Pro to Pay $37,000 to Settle EEOC Age Discrimination Lawsuit

Equipment Rental Company Owner Sought 'Younger and Peppier' Employees, Federal Agency Charged - LOUISVILLE, Ky. - Rental Pro, a miscellaneous equipment rental company located in Somerset, Ky., with locations in Hazard,...more

Retaliation Encyclopedia

The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic. This is the first time since 1998 that the EEOC has updated its guidance on this...more

Coatesville Popeye’s will Pay $36,000 To Settle EEOC Age Discrimination Lawsuit

Restaurant Manager Refused to Hire Three, Including Two Veterans, Because They Were 'Too Old,' Federal Agency Charged - PHILADELPHIA - Coatesville Chicken, LLC, doing business as Popeye's Louisiana Kitchen in...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Big News on Big Data: FTC Issues Important Report on Big Data, Compliance, and Consumer Protection

On January 6, the Federal Trade Commission (FTC) released a report titled Big Data: A Tool for Inclusion or Exclusion, which describes how big data use can run afoul of federal laws and regulations. Although the FTC report...more

The Times They Are A-Changing: EEOC Task Force Focuses on Evolving Harassment in the Workplace and New Ways to Combat It

The EEOC’s Select Task Force on the Study of Harassment in the Workplace recently held the third in a series of public meetings, a two-part panel aimed at understanding the different and evolving nature of harassment in the...more

Permissive Interlocutory Appeals and Collective-Action Certification

In an article published on Nov. 27, 2015 in Bloomberg BNA’s Class Action Litigation Report, E. Travis Ramey discusses collective action, which is the representative mass litigation procedure available to parties litigating...more

Federal Judge: Did Employer Use Experience Requirement to "Weed Out" Older Workers? Maybe.

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” I add: “Until your employer cares. Then it matters.”...more

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

Arbitration is having its 15 minutes of fame. Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary. [Next time I am in Oakland, I...more

Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

EEOC Sues Glenwood Fire Company, Long Island Towns and Villages for Age Discrimination

No Service Credit for Older Workers, Federal Agency Charges - NEW YORK - Glenwood Hook & Ladder, Engine & Hose Company, Inc., along with several towns and villages in Long Island, are in violation of federal law because...more

Stack Bros. to Pay $140,000 to Settle EEOC Age Discrimination and Retaliation Suit

Employees Were Fired at Superior, Wis., Firm for Turning 62, Federal Agency Charged - MADISON, Wis. - Stack Bros. Mechanical Contractors, Inc. of Superior, Wis., a major heating and plumbing contractor in northern...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

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

It’s Back To The Future with the NLRB’s new “Joint Employer” standard

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California (Browning-Ferris) and, not surprisingly, returned employers to a pre-1984...more

Getting Releases Right

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

Implicit Bias: Is Expert Testimony Admissible in Discrimination Cases?

So yesterday, I said that while the topic of implicit bias was important to understand, I indicated that it was far from settled in the legal context. One recent case demonstrates why....more

Discrimination at Any Age

In the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq, Congress in 1967 prohibited discrimination in employment because of a person’s age, but limited the protections of the law to individuals who are...more

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