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Age Discrimination Hiring & Firing

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 -

EEOC Sues Keer America Corporation for Age Discrimination

Experienced Sales Leader Fired After Company Learned His Age, Federal Agency Charges - GREENVILLE, S.C. - A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C.,...more

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

Context Is Key in Age Discrimination Cases

In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

by Foley & Lardner LLP on

In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens. As a result, many employers are now...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

Being Untruthful About the Reason for a Termination Can Get an Employer in Hot Water

by Foley & Lardner LLP on

We have written in the past about how important it is for an employer to be accurate in articulating its reason for terminating an employee. For example, if an employer is terminating an employee for poor performance, the...more

Healthcare Industry Sees Increase In Age Discrimination Claims

by Fisher Phillips on

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the...more

Massachusetts Supreme Judicial Court Holds Insurers’ Duty to Defend Does Not Extend to Counterclaims

A recent decision by Massachusetts’ highest court provides another reason why employers should carefully review their employment practices liability insurance (EPLI) policies. Unless the policy expressly covers counterclaims,...more

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

by FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Eagle Parking Sued by EEOC for Sex and Age Discrimination

Manager Refused to Hire a 60-Year Old Female Applicant Because of His Belief That She Could Not Handle the 'Physicality' of the Job, Federal Agency Charges - ATLANTA - Eagle Parking, LLC., a full-service parking management...more

Pennsylvania Office of Public Records Will Pay $60,000 to Resolve EEOC Age Suit

State Agency Refused to Hire Attorney Based on Age, Federal Agency Charged - HARRISBURG, Pa. -- The Commonwealth of Pennsylvania's Office of Public Records will pay $60,000 and costs to settle a federal age discrimination...more

Meat Market San Juan Agrees to Conciliate EEOC Age Discrimination Investigation

SAN JUAN, P.R. - Meat Market San Juan, LLC, a steakhouse in San Juan, P.R., has agreed to pay a monetary amount to unsuccessful job applicants and to maintain a workplace free of discrimination to resolve an age...more

For The ADEA’s 50th Birthday: An Age Discrimination Quiz

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn’t look a day over 49). This calls for an age discrimination quiz!...more

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

by Zelle LLP on

Last week, the Eleventh U.S. Circuit Court of Appeals declined to rehear a Title VII sexual orientation discrimination case. The Court let stand a March 2017 ruling by a three-judge panel of the Eleventh Circuit that Title...more

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

by Hinshaw & Culbertson LLP on

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

No Evidence Of Age Bias When Job Was Eliminated As Part Of Reduction In Force

by DeWitt Law, LLC on

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in...more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

by Davis Brown Law Firm on

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

EEOC Holds Conversation With Society of Human Resource Management Foundation VP Tina Sung

AARP CEO Also Conducts Age Bias Dialogue With EEOC Acting Chair Victoria A. Lipnic - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Tina Sung from the Society for Human Resource...more

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more

EEOC Sues Atlas Resource Partners for Age Bias

Experienced Production Foreman Fired Because of His Age, Federal Agency Charges - DALLAS - A 52-year old production foreman with years of industry experience was pushed out of his job at the hands of a new superintendent...more

Age Discrimination and Outdated Views Of Older Workers Persist, Experts Tell Commission

In 50th Anniversary of ADEA, Impact of Age Discrimination Felt Across Nation's Economy - WASHINGTON - Persistent age discrimination and stereotypes about older workers continue to channel older workers out of the...more

City Colleges of Chicago Will Pay $60,000 To Settle EEOC Age Discrimination Lawsuit

College Refused to Hire Adjunct Professor for Full-Time Position Because of Her Age, Federal Agency Charged - CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal discrimination lawsuit filed by the U.S....more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

EEOC to Examine Age Discrimination at Commission Meeting

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, June 14, from 9:30 a.m. to 12:30 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E., Washington, D.C. The...more

Littler Global Guide - Philippines - Q1 2017

by Littler on

Persons With Disabilities May Now Be Declared as Dependents for Tax Purposes - Enacted Legislation - Republic Act No. 10754, enacted on March 23, 2016 and effective on December 23, 2016, expanded the benefits of...more

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