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

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several...more

Employment Law Autopsy: “Old Fart” Gets Fired

Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. ...more

“Just Do It” – Nike Convinces Court to Dismiss Plaintiff’s Discrimination Claims Brought On Its Own Turf

In Ranza v. Nike (9th Cir. 13-35251), published July 16, 2015, the Ninth Circuit upheld the dismissal of plaintiff’s claim for sex and age discrimination under the doctrine of forum non conveniens (“inconvenient forum”). The...more

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

Legal Issues Business Leaders Need to Know in 2015: Top 10 Checklist

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2015. Employers Should be Aware of Multigenerational Workforce Risk - For...more

Local Office of Enterprise Rent-A-Car to Pay $425,000 to Settle EEOC Age Discrimination Charges

Settlement Resolves Allegations That the Company's Burbank Office Denied Hire to Ten Older Job Applicants, Federal Agency Says - LOS ANGELES - Enterprise Rent-A-Car Company of Los Angeles, LLC will pay $425,000 to settle...more

Strategic Legal Solutions to Pay $85,000 to Settle EEOC Age Discrimination Lawsuit

Legal Staffing Company Rescinded Job Offer After Learning Attorney's Age and Banned Her for Complaining About Ageism, Federal Agency Charged - NEW YORK - Strategic Legal Solutions, a New York-based legal employment...more

Be Global - June 2015

Whistleblowing: An employer's guide to global compliance - As the global push to combat corruption in government, politics, civil society and business gathers pace, whistleblowing continues to be a topic of ever...more

The Legal Risk of Recruiting “Digital Natives”

Most employers are aware that the Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against people age 40 and older, but how age discrimination may occur in practice is sometimes more difficult to...more

What does "will be insured" actually mean?

Balancing obligations to provide health and life insurance benefits to retirees with other legitimate business needs can be tricky. Although retirees depend on the benefits, employers may need to modify benefit plans for...more

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

EEOC Roundup: April 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

Tools for Preventing and Addressing Discrimination in the Workplace

Combatting the five most common forms of workplace discrimination. Workplace discrimination, in any form, can poison company culture, stifle innovation and depress morale. But the harmful effects go much further. It can spell...more

The Latest from Germany: More holidays for older employees – necessary protection or discrimination?

Since 2006, when the General Equal Treatment Act came into force in Germany, most decisions about discrimination have dealt with alleged discrimination based on age. Is this surprising? Probably not. According to the Federal...more

Stock-Not So-Well: Officers Denied Class Certification Of Age Discrimination Claims (Again)

As we reported here to our loyal blog readers, in April 2014, the Ninth Circuit overturned an order denying class certification of age discrimination claims filed by a group of police officers in Stockwell v. City & Cnty. of...more

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

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