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

Watch What You Say in the Face of Rising Age Discrimination Claims

Between a faltering economy and more workers over the age of 65 remaining in the workforce, age discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) have risen dramatically, with 43% more...more

EEOC Lawsuit Challenges Discriminatory Hiring, Retaliation at PMT Corporation

Minnesota Medical Device Company Barred Women and Older Applicants from Sales Jobs, Retaliated Against Employee for Complaining, Federal Agency Charged - MINNEAPOLIS - A Chanhassen, Minn., medical device and equipment...more

Age Discrimination Claim Survives Dismissal Where Questions Existed Regarding Adequacy Of Job Performance And Employee Presented...

Reversing a trial court’s decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee may present her age discrimination claim to a jury because there were...more

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

Regions Bank to Pay $95,000 to Settle EEOC Age and Disability Discrimination Lawsuit

Bank Fired Branch Manager Because of Her Age and Disability, Agency Charged - MEMPHIS, Tenn. - Regions Financial Corporation, doing business as Regions Bank, will pay $95,000 and provide injunctive relief to settle a...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

EEOC Sues Maui County Police Department for Age Discrimination

45-Year-Old Qualified Candidate Denied Police Officer Position Due to Age, Federal Agency Says HONOLULU, Hawaii - The County of Maui violated federal law when it refused to hire a qualified candidate as a police...more

Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case

Indiantown, Fla., Milling Company Refused to Hire Qualified Applicant Based on His Age, Federal Agency Charged - MIAMI - Bay State Milling Company, a major flour and grain producer, will pay $80,185 and furnish other...more

December 2013's review of the year

Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more

EEOC Sues Weirton Medical Center for Age and Disability Discrimination

Hospital Refused Job to Man Because of Perceived Disability, Federal Agency Says - WEIRTON, W.V. -- Weirton Medical Center, a community hospital in Weirton, W.V., refused to select a long-time employee for a vacant...more

Off-Hand Comment By Low-Level Supervisor Not Enough To Establish Age Discrimination

In Adams v. Interkal Inc., Chief Judge Paul L. Maloney granted summary judgment in favor of Interkal on Adams' claims that (1) he was discriminated against on the basis of his age when he was involuntarily laid off by...more

EEOC Sues PJP Health Agency, Inc. for Age Discrimination and Retaliation

Health Insurance Broker Harassed and Discharged Employees Because of Their Age, Federal Agency Charges - NEW YORK - A health insurance broker with offices in Melville, Lake Success and Garden City violated federal law...more

Hutchinson Sealing Systems to Pay $210,000 To Resolve EEOC Age Discrimination Claim

Three Older Employees Targeted During 'Reduction in Force,' Federal Agency Charged - DETROIT - Hutchinson Sealing Systems, Inc., an automotive sealing systems manufacturer based in Auburn Hills, Mich., will pay...more

An "Honest Belief" Remains a Viable Defense Option

Termination and other adverse employment actions often give rise to claims of intentional discrimination and other litigation. In many cases, the issues will boil down to an assertion that the facts supporting the employer’s...more

Age Discrimination Claims Remain Popular

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

EEOC General Counsel Offers Enforcement Insights

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

Recordkeeping Part I

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

Message To Employers: When Terminating An Employee Never Mention Anything Relating To The Employee’s Age

Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it. Often, employers use terms that should be excluded from their vocabulary when in those delicate situations....more

Western District Of New York Dismisses “Threadbare” FMLA And Discrimination Allegations At Initial Pleadings Stage

Gonzalez v. Carestream Health, Inc., No. 12-CV-6151(CJS) (W.D.N.Y. Sept. 18, 2012, Siragusa, J.): A district court granted an employer’s motion to dismiss the complaint of a 60-year old male who brought claims for age...more

Summary Judgment Lives For Employers Seeking Dismissal Of New York City Human Rights Law Claims

Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more

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