Age Discrimination in Employment Act

News & Analysis as of

EEOC Files Age Discrimination Lawsuit Against Murphy School District No. 21

Federal Agency Says School District Denied Employees Benefits Based on Their Age - PHOENIX -- Murphy School District No. 21, a public school district in the city of Phoenix, unlawfully used an early retirement...more

Fourth Circuit: Retirement Plan Discriminates Based on Age

A County retirement-benefit plan requires an employee to contribute a percentage of his salary to the plan. But not all employees contribute at the same rate. Instead, an older employee must contribute at a...more

Appeals Court Rules for the EEOC in Age Bias Lawsuit Against Baltimore County

Fourth Circuit Upholds Lower Court Determination That Baltimore County Pension Plan Discriminates Based on Age - BALTIMORE - In a second victory for the U.S. Equal Employment Opportunity Commission (EEOC) in this case,...more

EEOC Roundup (January 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

ADEA Safe Harbor Unsafe

In 1945, an employer and unions created a pension plan that provided equal pensions to all workers retiring at age 65 but capped the employer’s contributions. The result was that workers who joined the plan later in life,...more

Employer Handbook: Age Discrimination

The Age Discrimination in Employment Act (“ADEA”) applies to virtually all employers with 20 or more employees in 20 or more calendar weeks in the current or preceding year. Be careful how you count, though. Businesses under...more

Reasonable Notice and the Older Worker

There was once an expectation that workers would retire by age 65. That expectation is changing. For a variety of reasons, many workers now want or expect to work later in life. As it can no longer be assumed that...more

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good reminder to think carefully about the...more

How to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case

Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be...more

EEOC Sues Wal-Mart for Age and Disability Discrimination

Keller Store Manager Harassed and Then Fired Because of His Age; Also Denied a Reasonable Accommodation for His Diabetes, Federal Agency Charges - DALLAS - Wal-Mart Stores of Texas, LLC discriminated against a store...more

Recommendations in Response to the EEOC’s New Lawsuit on Severance Agreements

On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a...more

Fired 61-Year-Old Hospital Employee Can Proceed With Age Discrimination Case, California Court Finds

Cheal v. El Camino Hospital, H036548 (January 31, 2014): In a recent decision, the California Court of Appeal held that a worker may proceed with her claim for age discrimination following her discharge from employment for...more

EEOC Sues Memphis Light, Gas & Water for Age Discrimination

Municipal Utility Provider Refused to Promote Employee Because of Age, Federal Agency Charges - MEMPHIS, Tenn. - Memphis Light, Gas and Water (MLGW), a division of the City of Memphis, violated federal law when it...more

Litigating Age Claims in California: Not Every Settlement Agreement Requires OWBPA Consideration and Revocation Periods

The Facts - I represent a national company with operations in California. A former employee recently filed a lawsuit against them in a California state court. After negotiating with opposing counsel, the parties...more

Hearsay Statements Increase an Employer’s Risk in California

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section...more

EEOC Roundup (December 2013): Age Discrimination

The Equal Employment Opportunity Commission (EEOC) enforces the Age Discrimination in Employment Act of 1967 (ADEA). The Act forbids treating job applicants and employees less favorably because they are age 40 or older....more

To Be Disrespectful Or Not To Be - That Is The Question

We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

Failure to Comply with ADEA/OWBPA Does Not Entirely Invalidate Release

A Ninth Circuit opinion, Harmon v. Johnson & Johnson, held that a release of claims that did not comply with the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”),...more

The Employee’s Asking For It

When an employee applies for, and gets, a job transfer, the employer has not subjected the employee to an adverse employment action – or has it? In a recent case, the plaintiff claimed he suffered an adverse employment action...more

Fenwick Employment Brief - January 2014

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more

New Jersey Appellate Division Holds Age Discrimination Plaintiff Need Not Show She Was Replaced Or Her Employer Sought A...

The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues....more

Avoiding Pitfalls of Severance Agreements

As a business owner, it is inevitable that there will come a time when, for some reason or another, you will need to terminate an employee. In many circumstances an employer will use a severance agreement to obtain a release...more

Regions Bank to Pay $95,000 to Settle EEOC Age and Disability Discrimination Lawsuit

Bank Fired Branch Manager Because of Her Age and Disability, Agency Charged - MEMPHIS, Tenn. - Regions Financial Corporation, doing business as Regions Bank, will pay $95,000 and provide injunctive relief to settle a...more

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