Age Discrimination Age Discrimination in Employment Act

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

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Eighth Circuit Says Termination Made to Lower Health Care Costs Constitutes Age Discrimination

Under the U.S. Supreme Court’s 1993 Hazen Paper decision, employers that select employees for layoff using the date of vesting of their pensions based on years of service are not discriminating on the basis of age, even if...more

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

Atchison Transportation to Pay $85,000 to Settle EEOC Age Discrimination Suit

Transportation Company Fired Older Drivers Because of Their Age, Federal Agency Charged - SPARTANBURG, S.C. - Spartanburg, S.C.-based Atchison Transportation Services, Inc., the largest full-service ground...more

HiLine Electric to Pay $210,000 to Settle EEOC Age Discrimination Suit

Industrial Supply Business Used Age Criterion in Hiring and Recruitment Practices, Federal Agency Charged - DALLAS - HiLine Electric Co., a Dallas-based industrial supply business, will pay $210,000 and furnish other...more

DSW Will Pay $900,000 to Resolve EEOC Age Discrimination Case

Federal Agency Charged Discount Shoe Chain Illegally Fired Older Workers - CHICAGO - DSW Inc., with over 10,000 employees nationwide, will pay $900,000 to end an age discrimination lawsuit brought by the U.S. Equal...more

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

EEOC Sues Dunecraft for Age-Based Harassment, Discrimination and Retaliation

Company President Repeatedly Made Age-Biased Remarks and Fired a Logistics Manager Because of His Age and Complaints About the Harassment, Federal Agency Charges - CLEVELAND - DuneCraft, Inc., a Warrensville Heights,...more

Employee Testing Compliance May Test Your Patience

Federal law governs how an employer may test prospective hires and employees. The laws are designed to ensure that employment decisions are based on knowledge, skills, and abilities, rather than membership in a protected...more

When can a mandatory retirement age be justified?

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

EEOC Sues Allegheny County Court of Common Pleas for Age Discrimination

Court Fired 70-Year-Old Employee Because of Age, Federal Agency Charges - PITTSBURGH - The Court of Common Pleas of Allegheny County, Fifth Judicial District of Pennsylvania, violated federal law by firing an employee...more

Age Discrimination No Longer Requires Proof of Younger Replacement

In EEOC v. Lehi Roller Mills Co., the United States District Court for the District of Utah held that a plaintiff alleging age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) need not show that he...more

Bobby Dodd Institute to Pay $40,000 to Settle EEOC Age Discrimination Suit

Federal Agency Charged Institute Revoked Job Offers Because of Age - ATLANTA - Bobby Dodd Institute, Inc. of Atlanta, an organization that provides employment opportunities to disabled individuals, will pay $40,000 and...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 28: The Older Workers Benefit Protection...

In 1990, Congress amended the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination for workers 40 and older) to add rules regarding the waiver of the right to sue under the ADEA. Unlike Title VII, where...more

A New Defense Against Municipal Disparate Impact Claims

Banks and non-bank lenders face a variety of fair lending disparate impact claims, which allege unintentional and unfavorable disparate impacts of otherwise neutral policies or practices on minority borrowers. Regulators,...more

Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes,...more

EEOC Roundup

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

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 6: In 1967, Congress Prohibits Age...

The 1964 enactment of Title VII was a watershed moment in workplace civil rights, but the new law was selective in its protections. Workers were protected from discrimination based on race, sex and religion, for example, but...more

Weirton Medical Center to Pay $12,500 to Settle EEOC Age and Disability Discrimination

Hospital Refused to Hire Worker Because of His Age and Perceived Disability, Federal Agency Said - WHEELING, W.V. -- Weirton Medical Center, a community hospital in Weirton, W.V., will pay $12,500 and furnish...more

Ninth Circuit Reverses District Court’s Refusal To Certify Age Discrimination Class

The most famous, if fictional, San Francisco police Inspector was, of course, Inspector Harry Callahan of the Dirty Harry succession of Clint Eastwood films. The first Dirty Harry movie came out in 1971when its star, known...more

CollegeAmerica Sued by EEOC For Age Discrimination and Retaliation

Former Campus Director Forced to Surrender Right to File Discrimination Charges, Federal Agency Says - DENVER - CollegeAmerica, a private college based in Salt Lake City, violated federal age discrimination law by...more

PJP Health to Pay $300,000 to Settle EEOC Age Discrimination and Retaliation Lawsuit

Insurance Sales Company Harassed and Terminated Employees Based on Their Age, Federal Agency Charged - NEW YORK - PJP Heath, Inc. will pay a total of $300,000 to three former employees to settle a lawsuit for age-based...more

EEOC Files Age Discrimination Lawsuit Against Murphy School District No. 21

Federal Agency Says School District Denied Employees Benefits Based on Their Age - PHOENIX -- Murphy School District No. 21, a public school district in the city of Phoenix, unlawfully used an early retirement...more

Fourth Circuit: Retirement Plan Discriminates Based on Age

A County retirement-benefit plan requires an employee to contribute a percentage of his salary to the plan. But not all employees contribute at the same rate. Instead, an older employee must contribute at a...more

Appeals Court Rules for the EEOC in Age Bias Lawsuit Against Baltimore County

Fourth Circuit Upholds Lower Court Determination That Baltimore County Pension Plan Discriminates Based on Age - BALTIMORE - In a second victory for the U.S. Equal Employment Opportunity Commission (EEOC) in this case,...more

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