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 -

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 to remove age-related information from its web pages, was declared unconstitutional by a district court last month on free speech...more

Key California Employment Law Cases: January 2018

by Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....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

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in...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

EEOC: Retaliation Tops Discrimination Charges Filed In Fiscal Year 2017

by Jackson Lewis P.C. on

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September...more

Employment News - February 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

2017’s Top Ten Employment Discrimination Claims

Late last month, a report was released on the number of workplace discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) during fiscal year 2017, which ran from October 1, 2016 through...more

California Court “Swipes Left” And Reverses Tinder’s Age-Based Price Discrimination Win

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action lawsuit alleging that Tinder discriminated on the basis of age in violation of California state laws by charging consumers age 30 and over a higher price for Tinder Plus subscriptions, the...more

Our Ear In The Crowd: FEHC Hears Comments On New Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fair Employment and Housing Council issues regulations to implement California’s employment and housing anti-discrimination laws, including the FEHA, the CFRA, and the Unruh and Ralph Civil Rights Acts....more

Help Wanted: How Your Online Job Advertisements Could Be Considered Age Discrimination

by Miles & Stockbridge P.C. on

More and more employers are seeking employees on the internet through targeted advertisements on Facebook. Employers can target these advertisements to certain users based on age, location, interests, experience, among other...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

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

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

by Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...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

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

What Was The EEOC Up To This Year? Takeaways From 2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

2017 Employment and Labor Law Final Exam Answer Key

by Nexsen Pruet, PLLC on

Thank you to everyone who participated in Nexsen Pruet’s 2017 Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to our winners for being selected from the pool of perfect...more

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

by Nilan Johnson Lewis PA on

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an...more

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

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