News & Analysis as of

Summary Judgment Discrimination Age Discrimination

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

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Orrick - Employment Law and Litigation

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

Littler

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

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

FordHarrison

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

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

Orrick - Employment Law and Litigation

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

Laner Muchin, Ltd.

Employer's Contemporaneous Documentation of Verbal Counseling Helps It Win Discrimination Lawsuit

Laner Muchin, Ltd. on

The Seventh Circuit recently upheld the summary judgment dismissal of a former hospital worker's claims for national origin and age discrimination after the worker was fired for repeatedly sending "negative, unprofessional,...more

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

“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

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

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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