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Age Discrimination in Employment Act Age Discrimination Job Applicants

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Genova Burns LLC

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

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On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

McAfee & Taft

EEOC sues Meatheads

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Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Bradley Arant Boult Cummings LLP

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024  

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

U.S. Equal Employment Opportunity Commission...

Exact Sciences to Pay $90,000 to Settle EEOC Age Discrimination Lawsuit

Federal Agency Charged That Molecular Diagnostics Company and Its Recruiter Rejected Sales Job Applicant Because of His Age - DENVER – Exact Sciences Corporation, a Madison, Wis.-based molecular diagnostics company, will...more

U.S. Equal Employment Opportunity Commission...

Lilly to Pay $2.4 Million to Settle Nationwide EEOC Age Discrimination Lawsuit

Settles Federal Charges Company Failed to Hire Older Pharmaceutical Sales Representatives - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, and its parent company, Eli Lilly and...more

U.S. Equal Employment Opportunity Commission...

iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit

Settles Federal Charges Tutoring Provider Programmed its Online Software to Automatically Reject More Than 200 Older Applicants - NEW YORK – iTutorGroup, three integrated companies providing English-language tutoring...more

Foley & Lardner LLP

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

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As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

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Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hatzel & Buehler, Inc. for Age Discrimination

Company Branch Subjected a Class of Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charges - TRENTON, n.j. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch...more

U.S. Equal Employment Opportunity Commission...

Lilly USA Sued by EEOC for Nationwide Age Discrimination

Company Intentionally Failed to Hire Older Pharmaceutical Sales Representatives, Federal Agency Charges - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, violated federal law by...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hillstone for Age Discrimination

Restaurant Refused to Hire Older Applicants at Its New York City Locations, Federal Agency Charges - NEW YORK – Hillstone Restaurant Group, Inc. violated federal law by denying employment to applicants age 40 and over for...more

Vinson & Elkins LLP

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

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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

Littler

Seventh Circuit Decision Protects Employer’s Consideration of Long-Term Needs During Hiring Process

Littler on

An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Precision Products Company for Age Discrimination

Aerospace Component Supplier Discriminated Against Applicant Because of his Age, Federal Agency Charges - DETROIT - United Precision Products Co., Inc., a supplier of aerospace components based in Dearborn Heights,...more

U.S. Equal Employment Opportunity Commission...

Haynes International to Pay $180,000 to Resolve EEOC Age Discrimination Allegation

INDIANAPOLIS -- Haynes International Inc, a metals company headquartered in Kokomo, Ind., has agreed to pay $180,000 and furnish other relief to resolve a charge alleging age discrimination investigated by the Indianapolis...more

Troutman Pepper Locke

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

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Q.  I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

U.S. Equal Employment Opportunity Commission...

Norfolk Southern to Pay $350,000 to Settle EEOC Age Discrimination Lawsuit

Employer Refused to Hire Older Applicants For Special Agent Position, Federal Agency Charged - NEW JERSEY - Norfolk Southern Corporation, a transportation company that operates a 19,500-mile freight railroad system in 22...more

Amundsen Davis LLC

The Debate On Age Bias In A Hot Jobs Market

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The New York Times recently published an article discussing trends in the area of unlawful age discrimination occurring at a time when the U.S. has the lowest unemployment rate in half a century. New York Times writer...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

Polsinelli

7th Circuit: Job Applicants Cannot Bring ADEA Disparate Impact Claims

Polsinelli on

On January 23, 2019, the U.S. 7th Circuit Court of Appeals handed employers a welcome ruling and held that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not protect outside job applicants from disparate...more

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