News & Analysis as of August 11, 2025

Age Discrimination › Appeals › Title VII

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Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age. less -

Supreme Court and Sixth Circuit Case Law Updates

Kerr Russell on 8/6/2025

From the U.S. Supreme Court to the Sixth Circuit Court of Appeals, courts have issued rulings that clarify — and in some cases, reshape — key aspects of labor and employment law....more

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2021

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

Federal Appeals Court Strikes Down Contractual Time Limits On Bringing Age And Disability Discrimination Claims

Fisher Phillips on 1/22/2021

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

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on 7/21/2020

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on 7/13/2020

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2018

Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

Bradley Arant Boult Cummings LLP on 1/23/2017

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

Conscientious Objectors to Arbitration Policy Can Bring Their Cases in Court

Seyfarth Shaw LLP on 10/27/2016

Seyfarth Synopsis: Last week, the Third Circuit held that two employees could sue their employer in court despite a dispute resolution policy requiring binding arbitration, because those same employees had objected to the...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

Hinshaw & Culbertson LLP on 8/23/2016

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

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