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Age Discrimination in Employment Act Employment Litigation

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...

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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

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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

Fisher Phillips

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

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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

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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

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

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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...

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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

Foley & Lardner LLP

EEOC Previews FY 2023 Litigation Trends with a Focus on Its Strategic Enforcement Plan

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In the wake of the Supreme Court’s decision invalidating affirmative action at America’s colleges and universities, a flurry of lawsuits challenging private employers’ diversity and inclusion programs have been filed around...more

Rivkin Radler LLP

The Employment Law Reporter: Autumn 2023

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Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more

Littler

Littler Lightbulb – February Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....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

Foley & Lardner LLP

What Should Employers Consider If Conducting Layoffs?

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It is a badly-kept secret that the U.S. economy is facing challenges – inflation, increased interest rates, increased labor costs, decreased business growth, etc. One option for businesses during an economic downturn is...more

Proskauer - Law and the Workplace

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more

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

Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment

The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more

Parker Poe Adams & Bernstein LLP

Discussion of Employee's Impending Retirement Not Evidence of Age Discrimination

It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...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

Proskauer - California Employment Law

California Employment Law Notes - March 2022

California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

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Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

FordHarrison

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

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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

Littler

Seventh Circuit Decision Protects Employer’s Consideration of Long-Term Needs During Hiring Process

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An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more

Seyfarth Shaw LLP

An Age Old Problem: Age Discrimination Cases in the Workplace

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Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more

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

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with...more

Bodman

Workplace Law Lowdown | Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County

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Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County to ADEA Claims - Employers in the Sixth Circuit Gain Predictability in the Test for Determining Claims Under the ADEA... ...more

Miller Canfield

Sixth Circuit Invalidates Contractual Limitation Periods Under ADA and ADEA

Miller Canfield on

On January 15, 2021, the Sixth Circuit held that an employee cannot waive the statutory limitation periods contained in the Americans with Disabilities Act ("ADA") or the Age Discrimination in Employment Act ("ADEA") by...more

Fisher Phillips

Federal Appeals Court Strikes Down Contractual Time Limits On Bringing Age And Disability Discrimination Claims

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The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more

Winstead PC

Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies

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The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more

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