Age Discrimination

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
News & Analysis as of

Can We Stop With The Age-Based Stereotypes?

A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

EEOC Roundup: March 2015

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

The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

EEOC Demanda a Renaissance School Por Discriminación Sexual Y Por Edad

Escuela Despidió a Empleado Debido a su Edad y Género, Acusa Agencia Federal - MILWAUKEE - Renaissance School, Inc., de Racine, Wis., propietario y operador de escuelas privadas financiadas por el gobierno, violó la ley...more

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

Federal Court Approves Another EEOC Subpoena in Investigation of Aerotek

Staffing Giant Must Comply With Subpoena Covering 62 Locations Across the Country - CHICAGO - A federal judge has approved a subpoena allowing the U.S. Equal Employment Opportunity Commission (EEOC) to proceed with its...more

Appeals court rules no pretext found in ADEA discrimination case

The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more

Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more

Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law

On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal...more

Beschäftigung von Arbeitnehmern nach Erreichen des Renteneintrittsalters

Das Bundesarbeitsgericht (BAG) hat am 11. Februar 2015 - 7 AZR 17/13 entschieden, dass die Befristung des Arbeitsverhältnisses nach Erreichen des Renteneintrittsalters nicht ohne weiteres sachlich gerechtfertigt ist....more

EEOC Roundup: January 2015

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

Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit

Keller Store Manager Was Harassed and Fired Because of His Age and Denied Accommodation for His Diabetes, Federal Agency Charged - DALLAS - Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and...more

GE Oil & Gas to Pay EEOC $5,300 for Contempt in EEOC Subpoena Enforcement Action

Company Failed to Comply With Court Order in Race and Age Bias Case - HOUSTON - A federal judge has ordered GE Oil & Gas, Inc., a subsidiary of General Electric Corporation, to pay $5,300 as a sanction for contempt of...more

Seasons 52 Refused to Hire Older Workers Nationwide, EEOC Charges in Lawsuit

Chain Denied Older Workers Positions at Its Newly Opened Restaurants Throughout the Country, Federal Agency Claims - MIAMI - Seasons 52, a national restaurant chain and one of the Darden restaurant brands, engaged in a...more

Sixth Circuit Finds Faulty Handbook Bars Employer from Challenging Employee’s Eligibility for FMLA Leave

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate...more

"Supreme Court May Nix Disparate Impact in Fair Lending Enforcement"

In recent years, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) have increased fair lending enforcement under the disparate impact theory of liability. This term, however, the U.S. Supreme...more

U.S. Supreme Court hears disparate impact case

Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a...more

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

U.S. Supreme Court Addresses Disparate Impact Liability Under the Fair Housing Act

On January 21, 2015, the U.S. Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Docket No. 13-1371, a case that focuses on whether claims based on...more

Give Them a Pinch, and They’ll Take a Mile: Eighth Circuit Affirms Employer’s Summary Judgment in Male on Male Sexual Harassment...

On December 2, the Eighth Circuit Court of Appeals affirmed summary judgment on behalf of Swedish Match North America, Inc. in a case in which its former male salesperson, Donald Rickard, claimed he suffered age and sex...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

Eighth Circuit Holds That Supervisor's Bizarre Conduct Does Not Constitute Discrimination

In Rickard v. Swedish Match North America, Inc., the Eighth Circuit held that a supervisor's allegedly inappropriate behavior did not rise to the level of actionable discrimination based on age and sex. The case reminds us...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

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