#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
A high-profile lawsuit challenging algorithmic hiring practices is moving forward in Mobley v. Workday, Inc., a case with growing implications for employers using AI-driven recruiting tools....more
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
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more
A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more
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
Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more
Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more
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
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
The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more
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
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
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more
It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
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
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
On October 5, 2021, New Jersey Governor Phil Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD) providing increased protections against age discrimination for workers 70 years of age and...more
Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009, the U.S. Supreme Court clarified...more
Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more
In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more
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
Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more