News & Analysis as of

Age Discrimination in Employment Act

Professional Endodontics to Pay $47,000 to Settle EEOC Age Discrimination Suit

Medical Practice Discharged Employee Because She Turned 65, Federal Agency Charged - DETROIT - A Southfield, Mich.-based oral surgery practice will pay $47,000 to settle an age discrimination lawsuit filed by the U.S....more

School Scores Summary Judgment Win In ADEA Collective Action

by Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

IT Staffing Company Pays $50,000 To Settle EEOC Age Discrimination Suit

Company Told Applicant "Age Will Matter," Federal Agency Says - NEWARK, N.J. --- Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will...more

Navigating The Waters Of Late Age Physician Testing

by Jackson Lewis P.C. on

Rheumatologist Ephraim Engleman practiced medicine until he died at age 104 in 2015. Although Dr. Engleman’s story is atypical, as our colleagues who attended the American Health Lawyers Association’s 2018 Physicians and...more

Annual Report on EEOC Developments — Fiscal Year 2017

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

The Supreme Court - February 26, 2018

by Dorsey & Whitney LLP on

New Prime Inc. v. Oliveira, No. 17-340: (1) Whether a dispute over applicability of the Federal Arbitration Act’s (“FAA”) Section 1 exemption, which provides that the FAA does not apply “to contracts of employment of seamen,...more

Foreign Parent Company Is Joint Employer With Subsidiary For Employment Claims, Court Rules

by Jackson Lewis P.C. on

A foreign parent company can be held jointly liable for employment claims against its U.S. subsidiary, a federal district court has held. Middlebrooks v. Teva Pharmaceuticals USA, Inc., No. 17-00412 (E.D. Pa. Feb. 1,...more

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

by Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Annual Digest of Decisions From the EEOC

On January 19, 2018, the U.S. Equal Employment Opportunity Commission announced the availability of its most recent Digest of Equal Employment Opportunity Law (“EEO Digest”)...more

Weekly Update Newsletter - January 2018 #2

by PilieroMazza PLLC on

The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home - Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come...more

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

by Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

Not Your Grandad’s Facebook? Targeted Social Media Ads Spur Age Discrimination Lawsuit

Can you target advertisements to a group based on age? The Communications Workers of America (CWA) and several individuals think not and filed suit against T-Mobile, Amazon, Cox Communications, and Cox Media Group. The...more

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for”...

by PilieroMazza PLLC on

She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the...more

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Digital discrimination: Targeted ads don’t reach all potential applicants

by McAfee & Taft on

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

Job Ads Distributed to Younger Recruits May Be Discriminatory

by Pepper Hamilton LLP on

Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal? A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more

Montrose Memorial Hospital to Pay $400,000 To Settle EEOC Age Discrimination Lawsuit

Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more

Beltway Buzz - December, 2017 #4

“Let me tell you how it will be; There’s one for you, nineteen for me.” The taxman will look a little different beginning in 2018, as the Tax Cuts and Jobs Act was passed by Congress on December 20—by far the most significant...more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

ALERT- Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs To Know

by Jackson Lewis P.C. on

The latest target of the plaintiff’s overly-aggressive tactics—a company’s use of recruitment ads in hiring employees. All industries and all forms of advertising are potentially coming under attack, including social media...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to...more

Ruby Tuesday to Pay $45,000 to Settle EEOC Age Discrimination Suit

Boca Raton Restaurant Refused to Hire an Older Applicant Because It Wanted to 'Maximize Longevity,' Federal Agency Charged - FORT LAUDERDALE, Fla. - Ruby Tuesday, Inc., a Georgia corporation doing business in South...more

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