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

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

New Mexico Department of Corrections Sued by EEOC for Age Discrimination and Retaliation

Older Workers Suffered Unequal Treatment and Retaliation for Complaining, Federal Agency Charged - ALBUQUERQUE, N.M. - The New Mexico Department of Corrections (NMDOC), which operates correctional facilities throughout...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

EEOC Sues Glenwood Fire Company, Long Island Towns and Villages for Age Discrimination

No Service Credit for Older Workers, Federal Agency Charges - NEW YORK - Glenwood Hook & Ladder, Engine & Hose Company, Inc., along with several towns and villages in Long Island, are in violation of federal law because...more

EEOC Sues City of Milpitas for Age Discrimination

City Manager Passed Over Qualified Applicants for Executive Secretary Position Due to Their Age, Federal Agency Charges - SAN FRANCISCO - The City of Milpitas in California's Silicon Valley violated federal law by...more

Shrink Says Sports Columnist May Not Recover From Depression

Mr. Simers is suing the Times for age and disability discrimination in connection with his demotion. He resigned from the Times in October 2013, wrote for the Orange County Register for about another year, and then took a...more

It’s The World Series Of Discrimination Trials! Catch It!

T.J. Simers, a notorious well-known former sports columnist for the Los Angeles Times, has sued the owners of the Times, contending that he was let go in 2013 because of his age (then in his early 60s, now 65) and because of...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Trucking Company Agrees to Settle EEOC Sex and Age Discrimination Case Involving a Strength Exam

Central Refrigerated Service Agrees to Refrain From Using Already Discontinued 'WorkWell' Examinations in Its Hiring Process - LOS ANGELES - Central Refrigerated Service has agreed to settle a sex and age discrimination...more

HHS Proposes Rules for Nondiscrimination in Health Care

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

Stack Bros. to Pay $140,000 to Settle EEOC Age Discrimination and Retaliation Suit

Employees Were Fired at Superior, Wis., Firm for Turning 62, Federal Agency Charged - MADISON, Wis. - Stack Bros. Mechanical Contractors, Inc. of Superior, Wis., a major heating and plumbing contractor in northern...more

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

HHS Publishes Proposed Rule on Nondiscrimination in Health Programs and Activities

On September 8, 2015, HHS published a wide-ranging proposed rule to implement Section 1557 the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Renaissance School to Pay $69,000 to Settle EEOC Age and Sex Bias Suit

Federal Agency Alleged School Fired Employee Because It Considered Him Too Old and Preferred Females for the Job - MILWAUKEE -The U.S. Equal Employment Opportunity Commission (EEOC) announced today that U.S. District...more

The National Living Wage – Will it cause a “catastrophic collapse”?

The National Living Wage comes into force in April 2016. This morning, the government announced it is doubling the penalties for minimum wage violators. In this blog, we take a closer look at how the National Living Wage...more

That is SO last week - August 2015 #5

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Employment Law - August 2015 #2

The Customer Isn't Always Right—Especially When He Harasses Employees: Why it matters - Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more

Missouri Appellate Court Enforces Delegation Clause, Holds Arbitrator Has Authority to Decide Whether Claims Are Arbitrable

This year, Missouri courts have issued several decisions interpreting arbitration agreements between employers and employees. While some of these agreements have been enforced, others have been struck down. The Missouri Court...more

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