News & Analysis as of September 22, 2024

Age Discrimination › Dismissals

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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 -

Maine Federal Court Grants Franchisor’s Motion to Dismiss Age Discrimination Claim Brought by Franchisee’s Independent Contractor

Lathrop GPM on 7/7/2023

A federal court in Maine granted a franchisor’s motion to dismiss claims asserting that a franchisor was liable for its franchisee’s alleged age discrimination in employment. Goodwill v. Anywhere Real Est., 2023 WL 4034372...more

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

Winstead PC on 12/21/2020

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

U.S. Supreme Court Extends The “Ministerial Exception” To Teachers At Religious Elementary Schools

Amundsen Davis LLC on 7/14/2020

On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more

Supreme Court Re-Asserts “Ministerial Exception”

Sherman & Howard L.L.C. on 7/9/2020

The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the...more

The Supreme Court - July 8, 2020

Dorsey & Whitney LLP on 7/8/2020

Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more

U.S. Supreme Court To Decide Whether ‘Ministerial Exception’ Covers Catholic School Teachers

Jackson Lewis P.C. on 12/28/2019

The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor...more

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Bradley Arant Boult Cummings LLP on 11/1/2019

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on 5/17/2019

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

California Employment Law Notes - September 2017

Proskauer - California Employment Law on 9/13/2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

Bass, Berry & Sims PLC on 6/12/2017

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims PLC on 11/17/2016

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Can A Job Applicant File A Disparate Impact ADEA Claim? No—According to the Eleventh Circuit

Bradley Arant Boult Cummings LLP on 10/11/2016

Is there such a thing as a disparate impact age claim? The Eleventh circuit last week says not for people applying for a job. On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims...more

Naughty Neonatal Nurse Nixed After Nineteen Years; Hospital Wins Age Discrimination Lawsuit

Fisher Phillips on 2/1/2016

A veteran neonatal nurse practitioner who was fired after one too many acts of misconduct could not prove age discrimination, a federal appeals court recently confirmed. The case presents healthcare employers with a good...more

Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

Seyfarth Shaw LLP on 10/30/2015

We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more

Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

Parker Poe Adams & Bernstein LLP on 3/13/2015

In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more

A Supreme Court DIG, and a Lesson About Appellate Jurisdiction

Best Best & Krieger LLP on 11/5/2013

The first significant case affecting local governments in this new Supreme Court term – Madigan v. Levin – ended poorly. The Court resolved the case with a DIG – the Court dismissed it as improvidently granted. What...more

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Age Discrimination › Dismissals

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