News & Analysis as of

Age Discrimination in Employment Act

Seyfarth Shaw LLP

Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

by Seyfarth Shaw LLP on

In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

Clark Hill PLC

As the ADEA Turns 50, the EEOC Offers Advice for Employers to Prevent Age Discrimination

by Clark Hill PLC on

In recognition of the fiftieth anniversary of the Age Discrimination in Employment Act, the Equal Employment Opportunity Commission released a report on the state of the law and potential strategies employers may utilize to...more

U.S. Equal Employment Opportunity Commission...

Camber Corporation to Pay $100,000 to Settle EEOC Disability and Age Discrimination Suit

Defense Contractor Refused to Transfer Employee Due to Son's Disability, Then Fired Him, Federal Agency Charged - WASHINGTON - Federal contractor Camber Corporation has agreed to pay $100,000 and furnish other relief to...more

Miller Canfield

Employers at Higher Risk of Age-Discrimination Litigation with Changing Worker Demographics

by Miller Canfield on

According to a report released by the Equal Employment Opportunity Commission (EEOC), employers are at an increased risk of age-discrimination litigation due to changing workforce demographics. The June 2018 report, titled...more

Fisher Phillips

Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

by Fisher Phillips on

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when...more

Hinshaw & Culbertson LLP

Strategies for Age Inclusion in Honor of the ADEA's 50th Birthday

by Hinshaw & Culbertson LLP on

In honor of the golden anniversary of the Age Discrimination in Employment Act (ADEA), the EEOC issued a report entitled "The State of Age Discrimination & Older Workers in the U.S. 50 Years After the ADEA." At a time when...more

U.S. Equal Employment Opportunity Commission...

EEOC Acting Chair Lipnic Releases Report on The State Of Older Workers And Age Discrimination 50 Years After The ADEA

WASHINGTON - Victoria A. Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a report today on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in...more

K&L Gates LLP

Working Wise: Age (Discrimination) Is More Than Just a Number: Job Applicants and the ADEA

by K&L Gates LLP on

In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate impact under the Age Discrimination in Employment Act (ADEA)....more

Hirschfeld Kraemer LLP

Things That Keep Your Employment Lawyer Up at Night: Record Retention

by Hirschfeld Kraemer LLP on

Under a number of California and federal laws, employers are legally required to maintain certain employment-related records for a fixed period of time. Changes in the past few years have altered many of the record retention...more

Verrill Dana LLP

Season-ed Employees Need Not Apply

by Verrill Dana LLP on

Earlier this month the EEOC announced that it had reached a settlement with Seasons 52, national restaurant chain. The Florida-based restaurant chain has agreed to pay $2.85 million to settle a nationwide age discrimination...more

Hogan Lovells

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

by Hogan Lovells on

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

SmithAmundsen LLC

Revival Of Age Discrimination Lawsuit A Warning To Employers

by SmithAmundsen LLC on

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

McGuireWoods LLP

7th Circuit Holds That Experience Limits May Violate ADEA

by McGuireWoods LLP on

On April 26, 2018, in Kleber v. CareFusion Corporation, the 7th U.S. Circuit Court of Appeals held that job applicants can pursue age discrimination claims under a disparate impact theory and that a practice of excluding job...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Applicant Can Bring ADEA Disparate Impact Claim

Disparate impact discrimination claims involve allegations of bias based not on intentional conduct, but rather otherwise neutral policies that have a statistically significant negative result with respect to persons in a...more

U.S. Equal Employment Opportunity Commission...

Seasons 52 to Pay $2.85 Million To Settle EEOC Age Discrimination Lawsuit

Nationwide Restaurant Chain Denied Jobs to Class of Over-39 Applicants Because of Age, Federal Agency Charged - MIAMI - Seasons 52, a national, Orlando-based restaurant chain and part of the Darden family of restaurants,...more

Constangy, Brooks, Smith & Prophete, LLP

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

Hinshaw & Culbertson LLP

Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit

by Hinshaw & Culbertson LLP on

If your company hires in Illinois, Indiana, or Wisconsin, and uses years of experience ranges in job postings, it is time to break out the red pen and strike the upper end of those ranges. In a 2-1 opinion, the 7th Circuit...more

Baker Donelson

More Trouble for Facebook: Are Targeted Content Options "Aiding and Abetting" Age Discrimination in Job Ads?

by Baker Donelson on

Concerns about Facebook's use and manipulation of user information is not limited to the recent controversy involving the data shared with Cambridge Analytica. Facebook was also accused by several large employers of aiding...more

Hinshaw & Culbertson LLP

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

by Hinshaw & Culbertson LLP on

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit...more

Eversheds Sutherland (US) LLP

Pension plan amendment did not violate ERISA or ADEA

In Teufel v. Northern Trust Co. (April 11, 2018), the US Court of Appeals for the Seventh Circuit confirmed that a prospective change in the benefit formula for a defined benefit pension plan constituted neither an...more

Faegre Baker Daniels

The Seventh Circuit Affirms Standards for Retaliation Claims

by Faegre Baker Daniels on

In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA). The case involved a...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

by Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Pepper Hamilton LLP

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

by Pepper Hamilton LLP on

Q.  If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A.  While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Waterford School District for Retaliation

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...more

Bradley Arant Boult Cummings LLP

Blow Out Your Candles…and Clean Out Your Desk: The Dangers of Firing an Employee after Her 65th Birthday

Nothing ruins a birthday celebration faster than a pink slip. Karen Ruerat, a receptionist, was terminated from her position at Professional Endodontics, P.C. four days after her 65th birthday. She alleges it was because of...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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