News & Analysis as of

Reversal Age Discrimination in Employment Act

Kelley Drye & Warren LLP

It is Now Easier For Federal Workers to Prove Age Bias

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babb v. Wilkie, No. 18-882

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

Proskauer - Law and the Workplace

Seventh Circuit Limits ADEA Protections for Job Applicants

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

Proskauer - Law and the Workplace

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

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

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

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