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Age Discrimination › Equal Employment Opportunity Commission (EEOC) › Corporate Counsel

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

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

Littler on

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

Cooley LLP

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Bradley Arant Boult Cummings LLP on

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

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The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Seyfarth Shaw LLP

A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

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Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview...more

Proskauer - Law and the Workplace

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

Proskauer - Law and the Workplace on

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

Fisher Phillips on

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

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

FordHarrison on

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

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

EEOC Issues Update On Coronavirus And Discrimination Laws

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And, remember those wellness regulations? New ones are in progress. Yesterday the Equal Employment Opportunity Commission updated its FAQs on coronavirus and discrimination. For those who are already familiar with the...more

Butler Snow LLP

COVID-19 and the Age Discrimination in Employment Act

Butler Snow LLP on

Employers: during a pandemic that appears to hit patients over 65 years and older the hardest, are you taking the appropriate steps to ensure that you do not discriminate against your older employees, while also protecting...more

Gray Reed

EEOC Challenges Policies Requiring Health Exams For Late-Career Employees

Gray Reed on

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

Nilan Johnson Lewis PA

EEOC Finds Age-Restricted Advertisements Violate ADEA

Nilan Johnson Lewis PA on

Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

Jackson Lewis P.C. on

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

Baker Donelson

EEOC Fiscal Year-End Lawsuits Filed Provide Insight into Agency Priorities

Baker Donelson on

Every year around this time, as regular as college football tailgates and traffic jams, the EEOC files a flurry of lawsuits before the completion of its fiscal year at the end of September. ...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Akerman LLP

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

Akerman LLP on

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...more

Seyfarth Shaw LLP

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

U.S. Equal Employment Opportunity Commission...

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Parker Poe Adams & Bernstein LLP on

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

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