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Age Discrimination Equal Employment Opportunity Commission

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 -

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Are College Recruiting Programs Age Discrimination?

by McGuireWoods LLP on

On Feb. 17, 2017, in Rabin v. PricewaterhouseCoopers LLP, the U.S. District Court for the Northern District of California ruled that job applicants could maintain a disparate impact claim under the Age Discrimination in...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

U.S. District Court for the Eastern District of California Holds that Job Applicants May Bring Disparate Impact Claims under ADEA

by SmithAmundsen LLC on

On February 17, 2017, the United States District Court for the Eastern District of California held that job applicants could proceed with their disparate impact claim brought under the Age Discrimination in Employment Act...more

Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under the ADEA

by Littler on

The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which...more

Employment Law Navigator – Week in Review: February 2017

by Zelle LLP on

The challenge of diversity in the technology sector continues to make headlines. Last week, Apple’s shareholders said they will challenge the company’s diversity initiatives at an upcoming shareholder meeting because the...more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

Employment Law Navigator – Week in Review: January 2017 #2

by Zelle LLP on

Last week, the Department of Justice issued a release describing efforts to increase diversity in law enforcement. The release states that “Underlying this work is a recognition that while greater workforce diversity alone...more

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

by Franczek Radelet P.C. on

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

Conscientious Objectors to Arbitration Policy Can Bring Their Cases in Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, the Third Circuit held that two employees could sue their employer in court despite a dispute resolution policy requiring binding arbitration, because those same employees had objected to the...more

Religious Institutions Update: October 2016

by Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

by Reminger Co., LPA on

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

Employment Law Navigator – Week in Review: October 2016 #2

by Zelle LLP on

Last week, The EEOC announced a public meeting on the use of big data in employment practices. This gathering is a continuation of the agency’s interest in the relationship between data analytics and discrimination. EEOC...more

Limit Your Pre-Employment Inquiries to Job-Related Questions

by Foley & Lardner LLP on

As most employers know, it is unlawful to ask an employment or promotion candidate questions which reflect bias based on race, color, age, gender, religion, or any other protected status. For example, a candidate cannot be...more

Employment Law Navigator – Week in Review: October 2016

by Zelle LLP on

Last week, California Governor Jerry Brown signed a law that requires employers to prove they are not paying workers differently because of their race or ethnicity. This new requirement builds on California’s Equal Pay Act,...more

Employment Law Navigator – Week in Review: September 2016 #2

by Zelle LLP on

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

Montrose Hospital Sued by EEOC for Widespread Age Discrimination

Workers Who Dedicated Years to the Hospital Were Fired or Forced to Quit Because of Their Ages, Federal Agency Charges - DENVER - Montrose Memorial Hospital, a hospital in Montrose, western Colorado, violated federal law...more

Employment Law Navigator – Week in Review: August 2016 #5

by Zelle LLP on

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

EEOC Sues Midwest Freight Systems for Breach of Mediation Agreement

Company Refused to Honor Agreement to Pay Monetary Relief to Charging Party, Federal Agency Charges - DETROIT - Midwest Freight Systems Corporation, a freight transportation company with headquarters in Warren, Mich.,...more

Staffing Company Has to Ask

by Sherman & Howard L.L.C. on

The Fifth Circuit Court of Appeals expanded on the EEOC’s guidance on a staffing company’s liability for its client’s discriminatory decisions. According to the court, a staffing company may be liable when a client asks the...more

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