News & Analysis as of

Disparate Treatment Age Discrimination in Employment Act

Vinson & Elkins LLP

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

Vinson & Elkins LLP on

If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Seyfarth Shaw LLP

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

Akerman LLP - HR Defense

Age Discrimination Claims Limited for Job Applicants

A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more

Proskauer - Law and the Workplace

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age...more

Bradley Arant Boult Cummings LLP

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

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

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says ADEA Does Not Apply to Applicants' Disparate Impact Claims

Plaintiffs can bring employment discrimination claims under federal civil rights laws using one of two theories. Disparate treatment claims require the plaintiff to produce evidence of intent to discriminate due to a...more

Constangy, Brooks, Smith & Prophete, LLP

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

Seyfarth Shaw LLP

School Scores Summary Judgment Win In ADEA Collective Action

Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Ballard Spahr LLP

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

Ballard Spahr LLP on

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

McGuireWoods LLP

3rd Circuit Validates Age Discrimination Subgroup Theory

McGuireWoods LLP on

On Jan. 10, 2017, the 3rd Circuit Court of Appeals held in Karlo v. Pittsburgh Glass Works, LLC, that the federal Age Discrimination in Employment Act (ADEA) permits “disparate impact” claims by subgroups of older workers...more

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

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act...more

Bradley Arant Boult Cummings LLP

Can A Job Applicant File A Disparate Impact ADEA Claim? No—According to the Eleventh Circuit

Is there such a thing as a disparate impact age claim? The Eleventh circuit last week says not for people applying for a job. On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims...more

Hinshaw & Culbertson LLP

Federal Judge: Did Employer Use Experience Requirement to "Weed Out" Older Workers? Maybe.

Hinshaw & Culbertson LLP on

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” I add: “Until your employer cares. Then it matters.”...more

Carlton Fields

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

Carlton Fields on

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

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