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Age Discrimination Termination Employer Liability Issues

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 -
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

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

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

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

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

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

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

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Jackson Lewis P.C.

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

Sherman & Howard L.L.C.

When Trying To Be “Kind” Backfires

A federal District Court in Michigan recently found that a plaintiff had presented enough direct evidence of age discrimination to merit a trial. The plaintiff worked as a member of defendants’ kitchen staff for about two...more

Haight Brown & Bonesteel LLP

Context Is Key in Age Discrimination Cases

In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Mintz - Employment, Labor & Benefits...

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Mintz - Employment, Labor & Benefits...

Waivers of Age Discrimination Claims in Reduction in Force Cases Continue to Face Intense Scrutiny

A Federal court in Colorado recently permitted a former employee to advance an age discrimination claim despite his prior execution of a severance and release agreement after his employment ended in connection with a...more

Morgan Lewis

UK Government Publishes Employment Tribunal Statistics

Morgan Lewis on

The statistics show a huge fall in the number of claims, which may be due to the introduction of tribunal fees....more

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