News & Analysis as of

Wrongful Termination Age Discrimination in Employment Act

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

Proskauer - Law and the Workplace

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

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

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

FordHarrison on

In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more

Sherman & Howard L.L.C.

Court Finds A Voluntary Severance Package May Be An Adverse Action Under ADEA

In Andrews v. Williams WPC-I, LLC et al., 4:19-cv-02200 (M.D. Penn. July 16, 2020), the U.S. District Court for the Middle District of Pennsylvania held that a severance package can be an adverse action under the federal Age...more

Zuckerman Spaeder LLP

Court Decides That CNN Producer’s Discrimination Claims Are Not “Fake News”

Zuckerman Spaeder LLP on

Can a news organization avoid a discrimination claim by arguing that it was exercising its First Amendment right to choose who writes the news? That’s the question that the California courts have been grappling with in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jumbo Supermarket for Age Discrimination

Company Fired Qualified Employee Because She was Too Old, Federal Agency Charged - WEST PALM BEACH - M1 5100 Corporation, doing business as Jumbo Supermarket, Inc., violated federal law by terminating a qualified employee...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Liberty Support Services for Age Discrimination

Maintenance Company Fired or Failed to Rehire Older Workers, Federal Agency Charges - RALEIGH, N.C. - Liberty Support Services, Inc. (Liberty Support), a North Carolina corporation that maintains rest areas through...more

Carlton Fields

Fifth Circuit Affirms Order Compelling Arbitration of Employment Discrimination Claims by Physician Against Medical Center

Carlton Fields on

Plaintiff, an emergency room physician, was employed by Defendants, a hospital and its affiliates, pursuant to an employment agreement and subsequent independent contractor agreement, both of which contained an arbitration...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

Seyfarth Shaw LLP

Fifth Circuit Protects 40-Year-Old Case and Affirms ADEA Limits On Recoverable Damages

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA. This decision...more

Seyfarth Shaw LLP

Don’t Be a Menace to South Central (Houston Action Council) When Your ERISA Claim Is No Good

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

McAfee & Taft

Appeals court rules no pretext found in ADEA discrimination case

McAfee & Taft on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Stack Bros. Mechanical Contractors for Age Discrimination and Retaliation

Company Fired Employees When They Turned 62 and Punished One for Resisting, Federal Agency Charges - MADISON, Wis. - Stack Bros. Mechanical Contractors, Inc., of Superior, Wis., a major heating and plumbing contractor...more

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