News & Analysis as of

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 -
Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Fourth Circuit Age Discrimination Standards

Parker Poe Adams & Bernstein LLP on

This week, the U.S. Supreme Court rejected a petition requesting review of a Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) decision that set a low bar for plaintiffs to plead...more

U.S. Equal Employment Opportunity Commission...

Builders FirstSource Sued by EEOC for Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Suit Charges Manager Wrongly Assumed Worker Was Too Old and Disabled - SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a...more

U.S. Equal Employment Opportunity Commission...

Crab Knight to Pay $30,000 in EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charged Daytona Beach Seafood Restaurant Unlawfully Terminated Employee Because of Her Age - MIAMI – Divine Boiling Group, LLC, doing business as Crab Knight, a family-style seafood restaurant in Daytona...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Inova Surgery Center, LLC for Disability and Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charges Medical Provider Fired Employee While She Was Recovering from Surgery and Replaced Her with Younger, Less-Qualified Co-Workers - WASHINGTON – Inova Surgery Center, LLC, which operates outpatient...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Allen Theatres for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Suit Charges Movie Theater Chain Illegally Removed Employees from Company Health Insurance Plan and Forced 72-Year-Old Theater Manager to Retire - CLOVIS, N.M. – Allen Theatres, Inc., which operates a chain of...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Bradley Arant Boult Cummings LLP on

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

Vedder Price on

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

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

U.S. Equal Employment Opportunity Commission...

Ohio Nursing and Rehabilitation Facility to Pay $150,000 in Age, Sex and Retaliation Discrimination Case

U.S. Equal Employment Opportunity Commission... on

Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

Husch Blackwell LLP on

The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

A&O Shearman

Defying age discrimination on the halfpipe: Olympic Team GB’s 51-year-old sensation

A&O Shearman on

As an avid fan of the Olympics and someone who is fascinated by the sheer range of ages among the athletes, I was particularly drawn to Andy MacDonald, Team GB’s 51-year-old skateboarding sensation....more

Smith Debnam Narron Drake Saintsing & Myers,...

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

Smith Debnam Narron Drake Saintsing & Myers,... on

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

Constangy, Brooks, Smith & Prophete, LLP

Hiring discrimination claims: 5 ways to stay out of hot water

Constangy, Brooks, Smith & Prophete, LLP on

Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

Proskauer Rose LLP on

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Bowditch & Dewey

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

Bowditch & Dewey on

The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in...more

Fisher Phillips

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

Fisher Phillips on

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

U.S. Equal Employment Opportunity Commission...

Hatzel & Buehler to Pay $500,000 to Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

New Jersey Branch Subjected Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charged - TRENTON, N.J. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch locations in...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $295,000 in EEOC Age Discrimination and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on

Settles Federal Charges Retailer Harassed Older Managers and Fired Those Who Reported the Harassment - ST. LOUIS – Dollar General Stores will pay $295,000 and furnish other relief to settle a U.S. Equal Employment...more

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

Littler on

In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more

Foley & Lardner LLP

Colorado Employers Take Note: Are You Complying with the Job Application Fairness Act?

Foley & Lardner LLP on

Beginning July 1, 2024, Colorado will officially begin enforcing a restriction prohibiting employers from asking job applicants to disclose their age on an employment application. Colorado joins California, Connecticut,...more

Littler

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

Littler on

The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more

Stark & Stark

United States Senate Judiciary Committee Advances Protecting Older Americans Act Bill

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The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

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

Beltway Buzz - May 2024 #2

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

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

Cranfill Sumner LLP on

On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more

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