News & Analysis as of

Age Discrimination Hiring & Firing

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 -
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

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

Smith Debnam Narron Drake Saintsing & Myers,...

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

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

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

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

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

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

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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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

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

U.S. Equal Employment Opportunity Commission...

Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a...more

U.S. Equal Employment Opportunity Commission...

Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

Tyson & Mendes LLP on

Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more

U.S. Equal Employment Opportunity Commission...

Gregg Orr Auto to Pay $325,000 to Resolve Disability and Age Discrimination Lawsuit

Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more

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

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

U.S. Equal Employment Opportunity Commission...

Pete’s Car Smart to Pay $145,000 to Settle EEOC Age and Disability Discrimination Suit

Settles Federal Charges Car Dealership Fired Long-Time Employee After Heart Surgery With Slurs About Her Age - DALLAS – Amarillo-based dealership Pete’s Car Smart will pay $145,000 and furnish other relief to settle an age...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Covenant Woods for Age and Disability Discrimination

Federal Agency Charges Retirement Community With Firing Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

Genova Burns LLC

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

Genova Burns LLC on

On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...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

Bradley Arant Boult Cummings LLP

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024  

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

DirectEmployers Association

DE Talk Podcast | Embracing Generational Differences at Work

For the first time in history, five generations are working simultaneously in the workplace. As a result, tensions arise as work trends shift in ways older generations have never seen, and fear-based differences create gaps...more

U.S. Equal Employment Opportunity Commission...

Exact Sciences to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

Federal Agency Charged That Molecular Diagnostics Company and Its Recruiter Rejected Sales Job Applicant Because of His Age - DENVER – Exact Sciences Corporation, a Madison, Wis.-based molecular diagnostics company, will...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

U.S. Equal Employment Opportunity Commission...

Lilly to Pay $2.4 Million to Settle Nationwide EEOC Age Discrimination Lawsuit

Settles Federal Charges Company Failed to Hire Older Pharmaceutical Sales Representatives - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, and its parent company, Eli Lilly and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

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