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Employer Liability Issues Age Discrimination in Employment Act

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Seyfarth Shaw LLP

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more

Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

Vedder Price on

On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Whiteford on

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

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

Fisher Phillips

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

Fisher Phillips on

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

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

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

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

Seyfarth Shaw LLP on

In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

Tyson & Mendes LLP on

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

Tucker Arensberg, P.C.

Individual Liability in Employment: Are You in Hot Water?

Tucker Arensberg, P.C. on

What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more

Genova Burns LLC

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

Genova Burns LLC on

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

Rivkin Radler LLP

The Employment Law Reporter: Winter 2024

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more

Bradley Arant Boult Cummings LLP

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

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

Troutman Pepper

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Troutman Pepper on

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Proskauer - Law and the Workplace

EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more

Husch Blackwell LLP

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

Williams Mullen

Government Says Artificial Intelligence Discriminated Against Older Job Applicants

Williams Mullen on

Artificial Intelligence (AI) is back in the news after the United States Equal Employment Opportunity Commission (EEOC) sued an online tutoring company for alleged discrimination in violation of the Age Discrimination in...more

McAfee & Taft

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023.  Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....more

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

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

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

Uncertain Economy Could Raise Reduction in Force Issues for Many Businesses

With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that...more

Epstein Becker & Green

Know Your Rights: The EEOC Issues New Workplace Discrimination Poster

Epstein Becker & Green on

It is time to update your workplace signage. On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new workers’ rights poster, which it quickly revised and re-issued on October 20, 2022. The...more

Frantz Ward LLP

EEOC Revises Mandatory Workplace Poster

Frantz Ward LLP on

On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights:  Workplace Discrimination is...more

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