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 -

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

EEOC Sues Staffing Solutions for Multiple Discriminatory Hiring Practices

Owner Frequently Used Racial Slurs and Forced Out Manager Who Opposed Hiring Discrimination, Federal Agency Charges - BUFFALO, N.Y. - Staffing Solutions of WNY Inc., a Buffalo-based staffing company that places employees...more

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

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

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

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

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

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

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

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

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

Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims

On April 12, 2018, Governor Andrew Cuomo signed the New York State 2019 Budget Bill (the “Budget”), which contains, among other things, provisions: • Requiring employers to adopt a sexual harassment prevention policy that...more

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

Out-Of-State Telecommuters May Be Covered By New Jersey Employment Laws

by Fox Rothschild LLP on

Employees who telecommute to work for a New Jersey employer from out-of-state may be covered under the New Jersey Law Against Discrimination, a recent New Jersey appellate decision suggests. In its April 2, 2018 decision...more

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

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

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

A busy month for discrimination law

by Dentons on

It's been a busy few weeks for judgments; we round up the most recent discrimination cases below....more

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

Food & Beverage Litigation Update | March 2018 #4

Washington Bans PFAs in Food Packaging - Washington Governor Jay Inslee has signed into law the Healthy Food Packaging Act (H.B. 2658/S.B. 6396), making the state the first in the country to ban perfluorinated chemicals...more

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

Employment news - March 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - 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

District Court Delivers Opinion For The Ages Striking AB 1687 As Violation Of IMDb’s First Amendment Rights

by Fox Rothschild LLP on

California’s Actor-Age Censorship Law (AB 1687), which would have required IMDb.com to remove age-related information from its web pages, was declared unconstitutional by a district court last month on free speech...more

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