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Age Discrimination › Employment 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 -
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

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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

Fisher Phillips

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

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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

Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

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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

U.S. Equal Employment Opportunity Commission...

Ohio Amusement Park to Pay $50,000 in EEOC Age Discrimination Suit

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

Cedar Point Settles Federal Charges It Denied Seasonal Workers Aged 40 and Over Employee Housing Based on Age - CLEVELAND – Cedar Fair, L.P., doing business as Cedar Point, and Magnum Management Corporation, which own,...more

Bradley Arant Boult Cummings LLP

New Boss Is Definitely Not the Same as the Old Boss: 7th Circuit Allows Age Discrimination Claim to Go Forward

Bradley Arant Boult Cummings LLP on

Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more

Jackson Lewis P.C.

Evaluating Evaluations in the Manufacturing Workplace

Jackson Lewis P.C. on

Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

Constangy, Brooks, Smith & Prophete, LLP on

The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

McAfee & Taft

The continued rise of artificial intelligence in employment law — 2023 in review

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As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

McAfee & Taft

EEOC sues Meatheads

McAfee & Taft on

Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

Constangy, Brooks, Smith & Prophete, LLP on

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

DCI Consulting on

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

Frantz Ward LLP on

We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

Baker Donelson

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

Baker Donelson on

The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

Amundsen Davis LLC

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

Amundsen Davis LLC on

The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

Fisher Phillips on

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Brownstein Hyatt Farber Schreck

Colorado’s New Job Application Law Prohibits Age-Related Inquiries

Brownstein Hyatt Farber Schreck on

Colorado employers should take heed to update their initial job applications, including online forms, to comply with Colorado’s new “Job Application Fairness Act,” codified at C.R.S Section 8-2-131. The new requirements went...more

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

U.S. Equal Employment Opportunity Commission...

R3 Government Solutions to Pay $82,500 to Resolve EEOC Discrimination and Retaliation Suit

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

Company Settles Federal Charges It Fired Recruiter Because of Her Race and For Opposing Discrimination - ALEXANDRIA, Va. – R3 Government Solutions, LLC, a federal contractor, will pay $82,500 and provide other relief to...more

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

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

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

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

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

Colorado’s Job Application Fairness Act Restricts Employers’ Ability to Request Age-Related Information From Applicants

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

On June 2, 2023, Colorado enacted the Job Application Fairness Act (JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring...more

Constangy, Brooks, Smith & Prophete, LLP

Rule 1 in beating an age claim: Get your story straight.

Constangy, Brooks, Smith & Prophete, LLP on

Inconsistencies were fatal to this employer. It's a well-established principle in discrimination law that an employer can be done in by "shifting explanations" for actions taken against an applicant or employee. A recent...more

Jackson Lewis P.C.

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

Jackson Lewis P.C. on

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act...more

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