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Age Discrimination › Appellate Courts › Employment Litigation

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 -
Littler

Seventh Circuit Adopts More Flexible Standard for Issuing Notice in Collective Actions

Littler on

In a significant shift from longstanding precedent, the U.S. Court of Appeals for the Seventh rejected the widely used two-step “Lusardi” framework for issuing notice in collective actions under Section 216(b) of the Fair...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Constangy, Brooks, Smith & Prophete, LLP on

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Bradley Arant Boult Cummings LLP

7th Circuit “Opts In” to the Evolving Collective Action Debate

Bradley Arant Boult Cummings LLP on

Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

Warner Norcross + Judd on

On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

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