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As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more
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
Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more
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
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more
In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment...more
You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more
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
On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more
It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news: SCOTUS Rules Title VII Protects LGBTQ...more
Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more
The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019). Accordingly, in...more
The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more
On Tuesday November 6th, slightly over five weeks after hearing oral arguments, the Supreme Court, by an 8-0 vote, ruled that small government units are covered under the Age Discrimination in Employment Act (ADEA) regardless...more
Phoenix Restaurant Subjected Women to Physical and Verbal Abuse, Federal Agency Charges - PHOENIX - Phoenix restaurant Francisco Fine Foods LLC, doing business as Mariscos Altata, agreed to pay $220,000 and furnish other...more
WASHINGTON - Victoria A. Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a report today on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in...more
In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA). The case involved a...more
Q. If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A. While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more
School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...more
Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more
Company Told Applicant "Age Will Matter," Federal Agency Says - NEWARK, N.J. --- Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will...more
This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more
Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more