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Age Discrimination

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
McAfee & Taft

Properly developing and implementing Performance Improvement Plans: A key to minimizing risks of employment-related claims

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To prove a claim of work-related discrimination or retaliation, an employee must prove that he or she suffered an “adverse employment action.” A recent federal appeals court decision, Walsh v. HNTB Corporation, provides...more

Amundsen Davis LLC

Federal Court Draws the Line on PIPS After Muldrow: A Win for Employers in Walsh v. HNTB

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In the U.S. Supreme Court’s 2024 Muldrow v. City of St. Louis decision, the Court expanded the legal standard for what qualifies as an “adverse employment action” by pivoting from asking whether a change to an employee’s...more

BakerHostetler

Court Rulings Clarify When Performance Improvement Plans May Form Federal Discrimination Claims

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The Supreme Court’s 2024 ruling in Muldrow v. City of St. Louis that lowered the threshold for what a plaintiff must demonstrate to bring a discrimination claim under Title VII of the Civil Rights Act raised a lot of...more

Littler

Littler Lightbulb – March 2026 Employment Appellate Roundup

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Fourth Circuit Affirms Dismissal of Plaintiffs Claims Based on Joint Employer Doctrine - The plaintiffs in Hoffman v. Inova Health Care Services, 169 F.4th 207 (4th Cir., Mar. 3, 2026) were nurse anesthetists employed by a...more

Berkshire

The 2026 RIF Reality: Why Layoffs Are Complicated

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The U.S. is entering another major wave of corporate layoffs; one we haven’t seen at this scale since the 2009 Great Recession. But this time, the legal environment looks very different. Under the second Trump administration,...more

Jackson Lewis P.C.

Performance Management: Employer Strategies as PIPs Come under Scrutiny

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Establishing a claim of unlawful discrimination or retaliation in the workplace requires, among other elements, that an employee show they experienced an “adverse employment action.” Since Muldrow v. City of St. Louis, 601...more

White and Williams LLP

First Circuit Further Clarifies Discrimination Analysis Post-Muldrow

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In Joanne Walsh v. HNTB Corporation, the First Circuit Court of Appeals provided further guidance concerning what actions by an employer may satisfy the “some harm” standard under Title VII, announced by the Supreme Court in...more

Littler

First Circuit Rejects Per Se Rule that Performance Improvement Plans Automatically Qualify as Adverse Employment Actions

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This month, in Walsh v. HNTB Corporation, the U.S. Court of Appeals for the First Circuit affirmed a district court finding that placing an employee on a performance improvement plan (PIP), by itself, does not rise to the...more

Constangy, Brooks, Smith & Prophete, LLP

First Circuit clarifies when a PIP is – and isn’t – an adverse action

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To have a valid claim for discrimination or retaliation, a plaintiff must generally show, among other things, that there was an “adverse employment action” based on the plaintiff’s protected characteristic or conduct. That...more

Parker Poe Adams & Bernstein LLP

Placing Employee on PIP Insufficient Basis for Discrimination Claim

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In its 2024 Muldrow v. St. Louis decision, the U.S. Supreme Court lowered the harm threshold for employees who bring claims under federal civil rights laws. Instead of having to demonstrate material or significant injury, the...more

Bradley Arant Boult Cummings LLP

Age Can Be More Than a (Big) Number: Colorado Employer Settles Age Discrimination Case

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As a reminder, the Age Discrimination and Employment Act (ADEA) prohibits employers from retaliating against applicants or employees who oppose age discrimination, file a charge of discrimination under the statute, or...more

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

New Jersey Federal Court Says Employer’s Home State Proper Venue for Remote Worker’s Age Discrimination Claims

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In a recent ruling, a federal court in New Jersey granted an employer’s request to transfer a remote employee’s suit alleging age discrimination and unlawful failure to grant medical accommodation under both federal and New...more

Constangy, Brooks, Smith & Prophete, LLP

Age law saves employer in lawsuit having zero to do with age

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Older Workers Benefit Protection Act to the rescue! In a race-sex-retaliation case. Years ago, I used to whine about the federal Older Workers Benefit Protection Act, which imposes specific requirements on employers...more

Littler

Littler Lightbulb – February 2026 Employment Appellate Roundup

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Fifth Circuit Holds Plaintiff Not Entitled to Overtime Unless Company Had Actual or Constructive Knowledge of Time Worked - Following a jury verdict finding the plaintiff in Merritt v. Tex. Farm Bureau, __F.4th __ (5th...more

Offit Kurman

After the Layoff: Rebuilding Trust and Avoiding Legal Landmines

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A reduction in force is one of the hardest decisions any organization makes. Even when the business case is clear, the human impact is not. Jobs are lost. Teams are disrupted....more

Spilman Thomas & Battle, PLLC

Best Practices in Layoffs, Reductions in Force, and Reorganizations

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According to Challenger, Gray and Christmas, an outplacement services company, layoffs in October 2025 hit the highest level in more than 20 years. We have recently seen announced job cuts from within our footprint, including...more

Kelley Drye & Warren LLP

When Performance Management Meets Age Bias Claims: Lessons From Chreky v. University of Pittsburgh Physicians

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Health care executives often struggle to address declining performance in their long tenured or late career physicians. There is the delicate issue of physician pride and ego....more

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

Federal Grantees Get Preview of Draft ‘Illegal DEI’ Statement and Other New Certifications

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Organizations that receive federal grants, loans, or other financial assistance may soon be required to certify that they do not operate “illegal DEI” programs....more

Morgan Lewis

Rethinking Workforce Reductions: Considering Voluntary Separation Programs

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Voluntary separation programs can provide benefits to employees and employers alike, including, for the former, empowering workers to make informed decisions about their employment status and, for the latter, strategically...more

Littler

Littler Lightbulb – January 2026 Appellate Roundup

Littler on

Ninth Circuit Reverses District Court and Finds Production Company Not Liable Under the Multiemployer Pension Plan Amendments Act: Nev. Resort Ass'n Int'l All. of Theatrical Stage Emps. v. JB Viva Vegas, LP, __ F.4th __...more

Blake, Cassels & Graydon LLP

Canadian Pension and Benefits Law: 2025 Year in Review and Emerging 2026 Considerations

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There were several notable developments in Canadian pension and benefits law in 2025, many of which will continue to shape plan design, administration and regulatory oversight in 2026 and beyond. Set out below are key 2025...more

Constangy, Brooks, Smith & Prophete, LLP

Fishy promotion leads to trial on age, reverse race claims

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On Monday, a federal judge refused to dismiss a lawsuit alleging age and "reverse" race discrimination. The plaintiff is white and in his late 40s, and he lost out on a promotion to a Black male in his 20s....more

Secretariat

The Class Action Implications of AI-Driven Decisions

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On May 16, 2025, United States District Judge Rita Lin granted a Motion for Conditional Certification of Collective Action in Mobley v. Workday, Inc. The Plaintiff alleges age, race, and disability discrimination from...more

White and Williams LLP

Fiscal Year 2025 Massachusetts Commission Against Discrimination Annual Report: What Employers Need to Know

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The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2025 (“FY25”) Annual Report, covering July 1, 2024 – June 30, 2025. The report reflects a year of transition for the...more

Sheppard

Certification Crossroads: Supreme Court Declines Review, Deepening Circuit Split on Opt-In Standards for FLSA and ADEA Class...

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On January 12, 2026, the U.S. Supreme Court declined to address a deepening circuit split about the process for certifying collective class actions under the Age Discrimination in Employment Act (“ADEA”) and the Fair Labor...more

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