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

Ohio Employment Law Reform: S.B. 268

The Ohio General Assembly heard testimony on May 18, 2016, in support of pending Senate Bill 268 (S.B. 268), the Employment Law Uniformity Act. S.B. 268 seeks to amend Ohio’s employment discrimination statute, R.C. Chapter...more

Court Curtails Relief For Age Discrimination Collective Action Litigation

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

Are retirement ages in PHI schemes age discriminatory?

Mistakes by employers in relation to an employee's entitlement to PHI can be very costly. In one leading High Court case, Aspden v. Webbs Poultry & Meat Group (Holdings) Limited [1996] I.R.L.R. 521, an employee was awarded...more

Milpitas to Pay $140,000 to Settle EEOC Age Discrimination Suit

City Denied Qualified Applicants Employment Because of Age, Federal Agency Charged - SAN FRANCISCO - The City of Milpitas will pay $140,000 and provide other relief to settle an age discrimination lawsuit by the U.S....more

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

What Has the EEOC Been Up To?

We reported on the EEOC’s filing of the first LGBT discrimination suit earlier this month, but that was not the only activity at the agency. Employers should take note of the following new EEOC developments...more

Employee Separation Agreements – A Refresher, Part Three

My first two posts on this topic have discussed provisions that must – under federal law, specifically the Older Workers Benefit Protection Act – be included in employee separation agreements if the employee’s release of...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

PMT Corporation to Pay over $1 Million to Resolve EEOC Class Age and Sex Discrimination Lawsuit

Minnesota Medical Device Company Refused to Hire Women and Older Applicants for Sales Jobs, Federal Agency Charged - MINNEAPOLIS - A Chanhassen, Minn.-based medical device and equipment manufacturer will pay $1,020,000...more

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

UK Employment Law Round-up Volume 1, Issue 2

In this edition we will be taking a look at some employment issues which have been making headlines and at some of the more technical points raised in recent case law. We will consider the Government's recent release of its...more

Injury to feelings compensation: taxable or excepted?

Moorthy v. HMRC [2010] UKUT 13 (TCC) - In the long-running case of Moorthy, the Upper Tribunal has held that an injury to feelings compensation payment made in connection with a termination of employment was taxable as a...more

Scalia’s Employment Law Legacy: More Complicated Than You Think

About a decade ago, I had the good fortune to sit at a table with Justice Antonin Scalia over a long lunch. He was a distinguished speaker for the Young Lawyers’ Section of the Connecticut Bar Association and, as a former...more

Rental Pro to Pay $37,000 to Settle EEOC Age Discrimination Lawsuit

Equipment Rental Company Owner Sought 'Younger and Peppier' Employees, Federal Agency Charged - LOUISVILLE, Ky. - Rental Pro, a miscellaneous equipment rental company located in Somerset, Ky., with locations in Hazard,...more

Employment Law Navigator – Week in Review: February 2016

Equal pay and EEO-1 reports made headlines last Friday as the EEOC and the White House celebrated the 7th anniversary of the Lilly Ledbetter Act. The EEOC announced a proposed new requirement for federal contractors and...more

Naughty Neonatal Nurse Nixed After Nineteen Years; Hospital Wins Age Discrimination Lawsuit

A veteran neonatal nurse practitioner who was fired after one too many acts of misconduct could not prove age discrimination, a federal appeals court recently confirmed. The case presents healthcare employers with a good...more

Coatesville Popeye’s will Pay $36,000 To Settle EEOC Age Discrimination Lawsuit

Restaurant Manager Refused to Hire Three, Including Two Veterans, Because They Were 'Too Old,' Federal Agency Charged - PHILADELPHIA - Coatesville Chicken, LLC, doing business as Popeye's Louisiana Kitchen in...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Employee Separation Agreements – A Refresher (The Sequel)

In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee’s release of claims against the employer (i.e., the agreement must be made knowingly and...more

T.J. Simers $7.1 Million Discrimination Verdict: Easy Come, Easy Go?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary...more

Civil Rights – Unruh Civil Rights Act – Standard to be Applied

Daniel Javorsky v. Western Athletic Clubs, Inc. - Court of Appeal, First Appellate District (December 11, 2015) - The Unruh Civil Rights Act (“Act”) provides that all persons are free and equal, and no matter what...more

California Appellate Court Holds Unruh Act Does Not Apply to Legislative Action

Decision Comes in Short-Term Rental Ordinance Litigation - California’s Unruh Civil Rights Act, which prohibits a business establishment from discriminating in housing or other accommodations, does not apply to an...more

Age, sex, and sports media

Sports reporter Colleen Dominguez is 54 years old and has enjoyed a successful career in sports journalism including a lengthy stint at ESPN. Dominguez recently jumped to Fox Sports 1 and believes her age and gender are the...more

Employment Law Navigator – Week in Review: December 22, 2015 #3

Last week, a federal judge in the Central District of California made big news when he found that “claims of sexual orientation discrimination are gender stereotype or sex discrimination” prohibited by Title VII of the Civil...more

Job Applicants May Bring Disparate Impact Age Discrimination Claims

Plaintiffs can sue for employment discrimination under federal civil rights laws using two theories. Disparate treatment claims allege that the plaintiff was treated differently based on his or her protected status. Disparate...more

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