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Age Discrimination › Job Applicants

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 -
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

Genova Burns LLC

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

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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

McAfee & Taft

EEOC sues Meatheads

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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  

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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

U.S. Equal Employment Opportunity Commission...

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

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

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.

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

U.S. Equal Employment Opportunity Commission...

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

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

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

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

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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

Ius Laboris

Compensation ordered after email slip reveals age discrimination

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The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more

U.S. Equal Employment Opportunity Commission...

iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit

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

Settles Federal Charges Tutoring Provider Programmed its Online Software to Automatically Reject More Than 200 Older Applicants - NEW YORK – iTutorGroup, three integrated companies providing English-language tutoring...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

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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

Foley & Lardner LLP

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

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As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

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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

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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

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Fisher Phillips

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

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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

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

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Littler

Colorado Enacts Legislation Restricting Employers from Requesting Age-Related Information from Job Applicants

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On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process. JAFA’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hatzel & Buehler, Inc. for Age Discrimination

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

Company Branch Subjected a Class of Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charges - TRENTON, n.j. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch...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

Proskauer - Law and the Workplace

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

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As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

U.S. Equal Employment Opportunity Commission...

Lilly USA Sued by EEOC for Nationwide Age Discrimination

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

Company Intentionally Failed to Hire Older Pharmaceutical Sales Representatives, Federal Agency Charges - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, violated federal law by...more

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