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Age Discrimination › Hiring & Firing › Adverse Employment Action

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 -
Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

Tucker Arensberg, P.C. on

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

Proskauer - Law and the Workplace on

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Genova Burns LLC

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

FordHarrison

Finally! Something That's Not "Protected Activity" in California

FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission... on

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

Foley & Lardner LLP

An "Honest Belief" Remains a Viable Defense Option

Foley & Lardner LLP on

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

Sherman & Howard L.L.C.

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

Sherman & Howard L.L.C. on

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

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