News & Analysis as of August 13, 2025

Employer Liability Issues

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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 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 -

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Roque v. Octapharma Plasma, Inc.: $11 Million Verdict in Employment Discrimination Case Despite the Absence of Economic Damages...

Venable LLP on 3/7/2025

Employers beware. In Roque v. Octapharma Plasma Inc., a California jury delivered an award of over $11 million to an individual plaintiff in an employment discrimination case despite the absence of economic damages for wages...more

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

Fisher Phillips on 2/17/2025

A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

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

Fisher Phillips on 7/23/2024

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

Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 5/14/2024

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a...more

EEOC Publishes Final Guidance on Workplace Harassment

Hinshaw & Culbertson - Employment Law... on 5/8/2024

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides updates and agency direction on workplace...more

UK HR Two-Minute Monthly: April 2024

BCLP on 4/30/2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Schulte on 2/16/2024

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....more

UK HR Two-Minute Monthly: July 2023

BCLP on 7/28/2023

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/8/2023

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

State & Local Employment Law Developments: Q1 2021

Faegre Drinker Biddle & Reath LLP on 4/2/2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/9/2021

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

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/29/2020

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Ready Employer One: What Employers Need To Consider When “Gamifying” The Workplace

Fisher Phillips on 8/7/2020

In recent years, gamification has risen up the leaderboards as a corporate learning technique. Companies across the country are embracing gamification in their employee training, recruitment, and engagement. But as an...more

COVID-19 Employment Litigation Trends

Seyfarth Shaw LLP on 7/10/2020

The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. ...more

Another COVID-19 Litigation Hazard: Essential Employer Sued For Not Allowing Work From Home

Fisher Phillips on 6/16/2020

An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more

Horizontal Well Drillers to Pay $650,000 to Settle EEOC Age And Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 4/30/2020

Oklahoma Drilling Contractor Refused to Hire Older Rig Hands and Fired Employee Because of Disability After Conducting an Unlawful Medical Exam, Federal Agency Charged - ST. LOUIS - Horizontal Well Drillers LLC (HWD), a...more

Beyond Brick & Mortar – How Civil And Disability Rights Extend To Online Businesses

McManis Faulkner on 3/31/2020

Late last year, the California Supreme Court issued a ruling with implications for online businesses going forward. In White v. Square, Inc., 7 Cal. 5th 1019 (2019), a bankruptcy attorney brought a claim against Square under...more

EEOC Challenges Policies Requiring Health Exams For Late-Career Employees

Gray Reed on 3/6/2020

On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 2/12/2020

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

EEOC FY 2019 Statistics Released: Charges of Discrimination are at an All-Time Low But the Percentage of Retaliation Charges...

Butler Snow LLP on 2/6/2020

There are a few surprises in the enforcement and litigation statistics for FY 2019 released by the Equal Employment Opportunity Commission (“EEOC”). The EEOC’s data shows that there were only 72,675 charges of discrimination...more

Janitorial Services, Inc. / Arbeit and EEOC Reach $315,000 Agreement to Resolve Discrimination Charges

U.S. Equal Employment Opportunity Commission... on 10/17/2019

Class of Applicants Rejected for Hire Based on Their Disability or Age, Federal Agency Found - CLEVELAND - Janitorial Services, Inc. & Arbeit, Inc. (JSI), a janitorial contractor located in the Cleveland suburb of...more

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

Proskauer - California Employment Law on 8/21/2019

Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on...more

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