News & Analysis as of August 15, 2025

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 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

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

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

TKO Construction Services to Pay $300,000 to Settle EEOC Sex, Race and Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/16/2025

Federal Agency Charged Employee Was Forced to Resign After She Was Told to Not Hire Women, Blacks and Older Workers for Construction Industry Jobs - MINNEAPOLIS – TKO Construction Services, a staffing company that provides...more

Sex-Plus X – What’s That? Discrimination

Bradley Arant Boult Cummings LLP on 9/26/2024

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

Ohio Nursing and Rehabilitation Facility to Pay $150,000 in Age, Sex and Retaliation Discrimination Case

U.S. Equal Employment Opportunity Commission... on 8/21/2024

Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

Husch Blackwell LLP on 8/15/2024

The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...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

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2024

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

EEOC Releases New Guidance on Harassment in the Workplace

Butler Snow LLP on 10/5/2023

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

EEOC Sues Ohio Nursing and Rehabilitation Facility for Age, Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2023

Federal Agency Charges The Laurels of Athens Discriminated Against Employee Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, violated federal civil...more

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on 10/3/2023

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

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 9/29/2023

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on 9/25/2023

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on 8/14/2023

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

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

R3 Government Solutions to Pay $82,500 to Resolve EEOC Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 6/13/2023

Company Settles Federal Charges It Fired Recruiter Because of Her Race and For Opposing Discrimination - ALEXANDRIA, Va. – R3 Government Solutions, LLC, a federal contractor, will pay $82,500 and provide other relief to...more

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2023

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Staffing Solutions to Pay $550,000 to Settle EEOC Discriminatory Hiring and Placement Suit

U.S. Equal Employment Opportunity Commission... on 10/4/2022

Company Rejected Black, Disabled, Pregnant and Older Applicants and Forced Out Office Manager Who Opposed Discrimination, Federal Agency Charged - BUFFALO, N.Y. – Staffing Solutions of WNY Inc., a Buffalo-based staffing...more

Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws

McGlinchey Stafford on 8/19/2022

On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on 3/25/2022

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

ABCs of employment law: Discrimination

Constangy, Brooks, Smith & Prophete, LLP on 3/25/2022

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

County of Fresno to Pay $50,000 to Settle Race and Age Discrimination Charges

U.S. Equal Employment Opportunity Commission... on 12/15/2021

County Failed to Promote Older Black Employee, Federal Agency Charged - FRESNO, Calif. – The County of Fresno will pay $50,000 and will provide other injunctive relief to settle a federal charge of race and age...more

Aerotek to Pay $3.525 Million to Conciliate EEOC Systemic Investigations

U.S. Equal Employment Opportunity Commission... on 10/4/2021

Placement Agency Denied Recruitment, Referrals, and/or Hire in Violation of Federal Anti-Discrimination Laws - CHICAGO – Aerotek, a national temporary placement agency, has agreed to pay $3.525 million to resolve federal...more

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on 2/26/2021

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

They May Regret This decision.

Constangy, Brooks, Smith & Prophete, LLP on 12/11/2020

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

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Age Discrimination › Equal Employment Opportunity Commission (EEOC) › Title VII

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