News & Analysis as of September 21, 2024

Appeals

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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 -

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on 6/15/2023

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Genova Burns LLC on 4/17/2023

On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on 7/21/2020

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on 7/15/2020

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on 7/13/2020

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Key California Employment Law Cases: November 2019

Payne & Fears on 12/21/2019

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...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

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

Genova Burns LLC on 3/13/2019

The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

7th Circuit: Job Applicants Cannot Bring ADEA Disparate Impact Claims

Polsinelli on 2/12/2019

On January 23, 2019, the U.S. 7th Circuit Court of Appeals handed employers a welcome ruling and held that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not protect outside job applicants from disparate...more

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on 2/7/2019

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Older Job Applicant Loses Age Discrimination Claim Based on Job Posting Mandating “No More than 7 Years” of Experience

Lowndes on 2/7/2019

The United States Court of Appeals for the Seventh Circuit recently issued a key opinion interpreting the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against people aged 40 and older....more

Seventh Circuit Limits ADEA Protections for Job Applicants

Proskauer - Law and the Workplace on 1/30/2019

On January 23, 2019, the Seventh Circuit held that the ADEA’s prohibition of disparate impact discrimination do not extend to job applicants. Kleber v. CareFusion Corp., No. 17-cv-1206....more

Deep Impact – 7th Circuit Holds that Disparate Impact Claims for Job Applicants Not Covered by ADEA

Bradley Arant Boult Cummings LLP on 1/29/2019

You might have seen all the buzz about the Seventh Circuit’s recent decision in Kleber v. CareFusion Corporation holding that job applicants were not covered by the Age Discrimination in Employment Act (ADEA). Does that mean...more

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

Littler on 1/28/2019

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination....more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

New Jersey Appellate Division Invalidates Jenny Craig Employee Arbitration Provision

Genova Burns LLC on 10/19/2018

This week, in Marilyn Flanzman v. Jenny Craig Inc. et al., No. A-2580-17, a panel of the Appellate Division found that an arbitration provision between weight loss company Jenny Craig and a former employee was unenforceable...more

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2018

Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...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

Employment news - March 2018

Hogan Lovells on 3/12/2018

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

Seventh Circuit Court of Appeals – Super Human Resource Department?

Ruder Ware on 10/10/2017

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...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

California Employment Law Notes - May 2017

Proskauer - California Employment Law on 5/8/2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Third Circuit Permits ADEA “Subgroup” Claims

Proskauer - Law and the Workplace on 2/17/2017

The Third Circuit recently held in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435, 2017 WL 83385 (3d Cir. Jan. 10, 2017), that workers in their 50s may be recognized as a “subgroup” of employees protected by the Age...more

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