News & Analysis as of

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 -

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

EEOC Announces Featured Speakers at Annual Excel Conference on Employment Discrimination Law

AARP CEO to Deliver Keynote Speech on Persistent Problem of Age Bias - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that several nationally known authorities on equal employment...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Who’s Protected Where? State and Local Laws Expand Protections Against Discrimination

by Zelle LLP on

Prohibitions against discrimination in employment based on race, national origin, religion, sex, age, and disability are generally familiar to business owners, HR professionals, and in-house counsel. Because these...more

EEOC Sues Ruby Tuesday For Age Discrimination

Boca Raton Restaurant Refuses to Hire a Qualified Applicant Because It Wanted to 'Maximize Longevity,' Federal Agency Charges - FORT LAUDERDALE, Fla. - Ruby Tuesday, Inc., a national casual dining restaurant chain,...more

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

EEOC Sues It Staffing Company Diverse Lynx For Age Discrimination

Princeton Company Refused to Refer Older Applicant for Job Because 'Age Will Matter,' Federal Agency Charges - NEWARK, N.J. - Diverse Lynx, a Princeton, N.J.-based IT staffing firm, violated federal law when it failed to...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

New 'Digest of EEO Law' Issued by EEOC - Includes Key Federal Sector Decisions, Special Article on Age Discrimination

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available on the EEOC's website....more

Recruiting for youthful workforce leads to age discrimination lawsuits

by McAfee & Taft on

Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young...more

8th Circuit Finds ADEA Does Not Preclude Arbitration

One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

by Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age...more

Employment Law Navigator – Week in Review: April 2017 #2

by Zelle LLP on

Last Tuesday was Equal Pay Day, which highlights the gender pay gap. It marks how far into the new year women must work to earn what men made in the previous year. In other developments focused on pay practices, the U.S....more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

Employment Law Navigator – Week in Review: March 2017 #4

by Zelle LLP on

Last week, HR Dive highlighted the benefits and drawbacks of the use of electronic tracking to assess how employees engage with one another. Use of tracking technology to assess employee interaction has joined employee...more

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

Maine Law Court Charts Different Course for Age Discrimination

by PretiFlaherty on

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for...more

Vive la France! French Parent Company Potentially Liable on Alleged ADEA Claim on a Single-Employer Theory

With some exceptions, the ADEA applies to the U.S.-incorporated subsidiaries of foreign corporations. It remains unsettled whether employees can sue foreign parent companies of U.S. subsidiaries for age discrimination under...more

Alberta human rights protection to be fully extended to age discrimination

by DLA Piper on

On January 6, 2017, the Court of Queen’s Bench of Alberta granted an Application to include age as a protected ground under sections 4 and 5 of the Alberta Human Rights Act (the “Act”). Under the current Act,...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act. Although the case, Nash v. Optomec, Inc., did...more

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