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 -
Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

Vedder Price on

On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

U.S. Equal Employment Opportunity Commission...

Ohio Nursing and Rehabilitation Facility to Pay $150,000 in Age, Sex and Retaliation Discrimination Case

U.S. Equal Employment Opportunity Commission... on

Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

A&O Shearman

Defying age discrimination on the halfpipe: Olympic Team GB’s 51-year-old sensation

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As an avid fan of the Olympics and someone who is fascinated by the sheer range of ages among the athletes, I was particularly drawn to Andy MacDonald, Team GB’s 51-year-old skateboarding sensation....more

Smith Debnam Narron Drake Saintsing & Myers,...

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

Smith Debnam Narron Drake Saintsing & Myers,... on

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

Constangy, Brooks, Smith & Prophete, LLP

Hiring discrimination claims: 5 ways to stay out of hot water

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Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Bowditch & Dewey

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

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The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

U.S. Equal Employment Opportunity Commission...

Hatzel & Buehler to Pay $500,000 to Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

New Jersey Branch Subjected Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charged - TRENTON, N.J. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch locations in...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $295,000 in EEOC Age Discrimination and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on

Settles Federal Charges Retailer Harassed Older Managers and Fired Those Who Reported the Harassment - ST. LOUIS – Dollar General Stores will pay $295,000 and furnish other relief to settle a U.S. Equal Employment...more

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

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In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more

Foley & Lardner LLP

Colorado Employers Take Note: Are You Complying with the Job Application Fairness Act?

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Beginning July 1, 2024, Colorado will officially begin enforcing a restriction prohibiting employers from asking job applicants to disclose their age on an employment application. Colorado joins California, Connecticut,...more

Littler

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

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The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more

Stark & Stark

United States Senate Judiciary Committee Advances Protecting Older Americans Act Bill

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The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

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On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more

U.S. Equal Employment Opportunity Commission...

Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a...more

Hinshaw & Culbertson - Employment Law...

EEOC Publishes Final Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

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The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more

U.S. Equal Employment Opportunity Commission...

Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

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Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more

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