News & Analysis as of September 19, 2024

Age Discrimination in Employment Act

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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 -

Ohio Nursing and Rehabilitation Facility to Pay $150,000 in Age, Sex and Retaliation Discrimination Case

U.S. Equal Employment Opportunity Commission... on 8/21/2024

Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

Smith Debnam Narron Drake Saintsing & Myers,... on 8/7/2024

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on 7/23/2024

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Hatzel & Buehler to Pay $500,000 to Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 7/23/2024

New Jersey Branch Subjected Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charged - TRENTON, N.J. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch locations in...more

EEOC Sues Smithfield Foods for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 5/20/2024

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/30/2024

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

The Ninth Circuit Reminds Us: Every Word Matters

Tyson & Mendes LLP on 4/19/2024

Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more

Gregg Orr Auto to Pay $325,000 to Resolve Disability and Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/16/2024

Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more

Pete’s Car Smart to Pay $145,000 to Settle EEOC Age and Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 2/15/2024

Settles Federal Charges Car Dealership Fired Long-Time Employee After Heart Surgery With Slurs About Her Age - DALLAS – Amarillo-based dealership Pete’s Car Smart will pay $145,000 and furnish other relief to settle an age...more

EEOC Sues Covenant Woods for Age and Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 2/15/2024

Federal Agency Charges Retirement Community With Firing Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

Genova Burns LLC on 2/5/2024

On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

Fisher Phillips on 2/2/2024

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

EEOC sues Meatheads

McAfee & Taft on 12/27/2023

Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024

Bradley Arant Boult Cummings LLP on 12/20/2023

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Exact Sciences to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 12/15/2023

Federal Agency Charged That Molecular Diagnostics Company and Its Recruiter Rejected Sales Job Applicant Because of His Age - DENVER – Exact Sciences Corporation, a Madison, Wis.-based molecular diagnostics company, will...more

Lilly to Pay $2.4 Million to Settle Nationwide EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/12/2023

Settles Federal Charges Company Failed to Hire Older Pharmaceutical Sales Representatives - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, and its parent company, Eli Lilly and...more

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 9/29/2023

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

EEOC Sues Gregg Orr Auto Collection for Disability and Age Discrimination

U.S. Equal Employment Opportunity Commission... on 9/26/2023

Company Fired Longtime Employee to Avoid Health Care Costs, Federal Agency Charges - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a company that provides administrative and operations services for a group of related...more

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

Akin Gump Strauss Hauer & Feld LLP on 9/22/2023

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit

U.S. Equal Employment Opportunity Commission... on 9/12/2023

Settles Federal Charges Tutoring Provider Programmed its Online Software to Automatically Reject More Than 200 Older Applicants - NEW YORK – iTutorGroup, three integrated companies providing English-language tutoring...more

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

Foley & Lardner LLP on 8/22/2023

As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

Respect your elders.

Constangy, Brooks, Smith & Prophete, LLP on 8/18/2023

It's the law. Did you know that this Monday, August 21, is National Senior Citizens' Day? Neither did I. But it is! How are you going to spend National Senior Citizens' Day? I was thinking about playing shuffleboard,...more

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on 8/17/2023

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

EEOC Sues Hatzel & Buehler, Inc. for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 6/7/2023

Company Branch Subjected a Class of Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charges - TRENTON, n.j. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch...more

I got fired at age 60. Must have been my age.

Constangy, Brooks, Smith & Prophete, LLP on 4/14/2023

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

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