Age Discrimination

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

by Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

Age Discrimination Claims Remain Popular

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/17/2013

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

Labor & Employment E-Note - May 14, 2013

by Amy Jordan, Bryance Metheny, John Paul Nefflen, Thomas Potter, III | Burr & Forman on 5/15/2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

WESODI Agrees to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 4/10/2013

Two Electricians Denied Jobs Because They Were Deemed to Be 'Too Old,' Federal Agency Charged - ALBUQUERQUE, N.M. - Western Energy Services of Durango, Inc. (WESODI) has agreed to pay $90,000 and furnish other relief...more

EEOC General Counsel Offers Enforcement Insights

by Kelly Kolb | Fowler White Boggs P.A. on 4/10/2013

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

Village of North Syracuse and Towns of Cicero and Clay Settle EEOC Age Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/3/2013

Older Volunteer Firefighters Denied Service Credit Due to Ageism, Federal Agency Charged - NEW YORK - The Village of North Syracuse, the Town of Cicero and the Town of Clay have agreed to settle a class age...more

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/1/2013

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

Age Discrimination Claims Under The Equal Protection Clause? The Supreme Court Will Decide

by Cynthia A. Augello | Cullen and Dykman LLP on 3/28/2013

The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local...more

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

by Theodore A. Olsen | Sherman & Howard L.L.C. on 3/13/2013

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

by U.S. Equal Employment Opportunity Commission... on 3/1/2013

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

Recordkeeping Part I

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 2/25/2013

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

How to Handle Illegal Interview Questions [Video]

by Lawyers.com on 2/20/2013

In a job interview, the only thing you want to worry about is getting hired, so you want to answer all the questions right. But what do you do if you are asked a question that is designed to discriminate against you? Larry...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

by Thomas Holt | Littler on 2/4/2013

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

11th Circuit Rules Cat's Paw Theory Not Applicable In Age Discrimination Cases

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/23/2013

In Sims v. MVM, Inc., +2013 U.S. App. Lexis 1130 (11th Cir. 2013), the 11th Circuit Court of Appeals determined that the cat's paw theory of liability does not apply to the Age Discrimination in Employment Act (ADEA). Thus,...more

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

by Alice DeBoos, Courtney Fleming | K&L Gates LLP on 1/21/2013

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights...more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Highlights Of 2012 HR Happenings

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/7/2013

The 2012 election, the Supreme Court's health care ruling and the infamous fiscal cliff certainly provide plenty of implications for employers. But there were a host of other developments that flew under the radar and merited...more

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

by Greg Mersol | BakerHostetler on 12/31/2012

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

Nonresident, Out-of-State Workers Not Protected By PHRA

by Jodi M. Frankel | McNees Wallace & Nurick LLC on 12/29/2012

Earlier this month, a federal judge in Pennsylvania ruled that the protections of the Pennsylvania Human Relations Act (“PHRA” or “Act”) do not extend to employees who neither live nor work in Pennsylvania. The PHRA is...more

SuperVision Today - 4th Quarter 2012

by R. Scott Adams, Alyesha Asghar Dotson, Eric W. Iskra, Eric E. Kinder | Spilman Thomas & Battle, PLLC on 12/26/2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

American Samoa Government and EEOC Settle Age Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 12/21/2012

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Has Mandatory Retirement been Banned Across Canada?

by Jennifer L. Costin | Lerners LLP on 12/1/2012

The answer to this question is, surprisingly, not clear. For Ontario, Quebec, Manitoba and the Yukon, the provincial human rights legislation treats mandatory retirement as age discrimination regardless of what age it is...more

Magic Turkey Lawsuits

by Dan Nabel | Greenberg Glusker Fields Claman & Machtinger... on 11/26/2012

There is a lot to be thankful for in Los Angeles this Thanksgiving. As I’m sure we can all agree, near the top of the list is the Lakers’ recent acquisition of superstars Dwight Howard and Steve Nash, as well as team USA...more

In Case You Were Confused, Medicare is for the Benefit of Employees, not Employers

by Karina Sterman | Ervin Cohen & Jessup LLP on 11/8/2012

Most employers these days know that they cannot set a mandatory retirement age for employees. This arcane practice runs directly afoul of the Age Discrimination in Employment Act (ADEA)....more

Western District Of New York Dismisses “Threadbare” FMLA And Discrimination Allegations At Initial Pleadings Stage

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Gonzalez v. Carestream Health, Inc., No. 12-CV-6151(CJS) (W.D.N.Y. Sept. 18, 2012, Siragusa, J.): A district court granted an employer’s motion to dismiss the complaint of a 60-year old male who brought claims for age...more

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Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

Age Discrimination Claims Remain Popular

Labor & Employment E-Note - May 14, 2013

WESODI Agrees to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

EEOC General Counsel Offers Enforcement Insights

Village of North Syracuse and Towns of Cicero and Clay Settle EEOC Age Discrimination Suit

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

Age Discrimination Claims Under The Equal Protection Clause? The Supreme Court Will Decide

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

EEOC Wins Second Victory Against RadioShack in Retaliation Case

Recordkeeping Part I

How to Handle Illegal Interview Questions [Video]

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

11th Circuit Rules Cat's Paw Theory Not Applicable In Age Discrimination Cases

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

Highlights Of 2012 HR Happenings

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

Nonresident, Out-of-State Workers Not Protected By PHRA

SuperVision Today - 4th Quarter 2012

American Samoa Government and EEOC Settle Age Discrimination Suit

Has Mandatory Retirement been Banned Across Canada?

Magic Turkey Lawsuits

In Case You Were Confused, Medicare is for the Benefit of Employees, not Employers

Western District Of New York Dismisses “Threadbare” FMLA And Discrimination Allegations At Initial Pleadings Stage

How to Handle Illegal Interview Questions [Video]

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