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Age Discrimination Summary Judgment

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 -

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

California Employment Law Notes - September 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

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

No Evidence Of Age Bias When Job Was Eliminated As Part Of Reduction In Force

by DeWitt Law, LLC on

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act. Although the case, Nash v. Optomec, Inc., did...more

Age Discrimination Claims Valid When Both Candidates Over 40

by Jackson Lewis P.C. on

In Irvin v. Ascension Parish School Board, the United States District Court for the Middle District of Louisiana denied Defendant’s motion for summary dismissal of a claim under the Age Discrimination in Employment Act...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

by Jackson Lewis P.C. on

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

Third Circuit Permits ADEA “Subgroup” Claims

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

Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under the ADEA

by Littler on

The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which...more

Finally! Something That's Not "Protected Activity" in California

by FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Minnesota Employer Had No Duty to Find New Position for Older Worker, Eighth Circuit Holds

A 63-year-old employee, who had worked in an administrative capacity for her employer for 12 years, was told that her position had been eliminated due to a customer-commissioned audit of the company’s services and recommended...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

by Hinshaw & Culbertson LLP on

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Nurse’s Age Discrimination Case May Proceed

by Faegre Baker Daniels on

A California federal court has rejected a hospital’s motion for summary judgment in a case brought by a former nurse who claims she was fired for being too old. Seventy-year-old Lavon Ramsey had worked at Fairchild...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

Scalia’s Employment Law Legacy: More Complicated Than You Think

by Shipman & Goodwin LLP on

About a decade ago, I had the good fortune to sit at a table with Justice Antonin Scalia over a long lunch. He was a distinguished speaker for the Young Lawyers’ Section of the Connecticut Bar Association and, as a former...more

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law

On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal...more

Give Them a Pinch, and They’ll Take a Mile: Eighth Circuit Affirms Employer’s Summary Judgment in Male on Male Sexual Harassment...

On December 2, the Eighth Circuit Court of Appeals affirmed summary judgment on behalf of Swedish Match North America, Inc. in a case in which its former male salesperson, Donald Rickard, claimed he suffered age and sex...more

Ninth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”

McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According...more

Sixth Circuit Affirms Skyline Chili’s Summary Judgment On Terminated Employee’s Age, Sex and Retaliation Claims Because Employee...

by Benesch on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a summary judgment granted to Skyline Chili, Inc. on claims of age and sex discrimination, and retaliation, brought by a terminated employee. Skyline showed...more

“Old Man” Comments By A Supervisor Were Sufficient To Cause Hostile Work Environment And Individual Liability, New Jersey...

In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor...more

Summary Judgment Lives For Employers Seeking Dismissal Of New York City Human Rights Law Claims

Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more

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