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 -
News & Analysis as of

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

Employment Law Letter - Fall 2015

Workplace Speech Protections Refined by Connecticut Supreme Court. We don’t generally report on developments that will likely be of more interest to lawyers than clients, but a recent decision from our state’s Supreme...more

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

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

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

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

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

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

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

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

Discrimination at Any Age

In the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq, Congress in 1967 prohibited discrimination in employment because of a person’s age, but limited the protections of the law to individuals who are...more

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several...more

Employment Law Autopsy: “Old Fart” Gets Fired

Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. ...more

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

Local Office of Enterprise Rent-A-Car to Pay $425,000 to Settle EEOC Age Discrimination Charges

Settlement Resolves Allegations That the Company's Burbank Office Denied Hire to Ten Older Job Applicants, Federal Agency Says - LOS ANGELES - Enterprise Rent-A-Car Company of Los Angeles, LLC will pay $425,000 to settle...more

Strategic Legal Solutions to Pay $85,000 to Settle EEOC Age Discrimination Lawsuit

Legal Staffing Company Rescinded Job Offer After Learning Attorney's Age and Banned Her for Complaining About Ageism, Federal Agency Charged - NEW YORK - Strategic Legal Solutions, a New York-based legal employment...more

The Legal Risk of Recruiting “Digital Natives”

Most employers are aware that the Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against people age 40 and older, but how age discrimination may occur in practice is sometimes more difficult to...more

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Can We Stop With The Age-Based Stereotypes?

A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

Appeals court rules no pretext found in ADEA discrimination case

The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more

Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more

Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law

On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal...more

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