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Employer Liability Issues Hiring & Firing Age Discrimination in Employment Act

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

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Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Smith Debnam Narron Drake Saintsing & Myers,...

Evidence Over Inference: Fourth Circuit Rejects Same-Actor Inference in Recent Employment Discrimination Case

A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more

Fisher Phillips

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

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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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Smithfield Foods for Age Discrimination

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

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Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more

Genova Burns LLC

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

Genova Burns LLC on

On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

Rivkin Radler LLP

The Employment Law Reporter: Winter 2024

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Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more

Bradley Arant Boult Cummings LLP

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024  

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Troutman Pepper Locke

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

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Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Williams Mullen

Government Says Artificial Intelligence Discriminated Against Older Job Applicants

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Artificial Intelligence (AI) is back in the news after the United States Equal Employment Opportunity Commission (EEOC) sued an online tutoring company for alleged discrimination in violation of the Age Discrimination in...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment

The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

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

Vinson & Elkins LLP

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

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If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Ballard Spahr LLP

New Jersey Law Against Discrimination Amended To Protect Employees 70 Or Older

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On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more

Genova Burns LLC

Employees 70 & Older Gain New Life With Expanded Protections Against Age Discrimination in the Workplace

Genova Burns LLC on

On October 5, 2021, New Jersey Governor Phil Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD) providing increased protections against age discrimination for workers 70 years of age and...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

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Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

Littler

Seventh Circuit Decision Protects Employer’s Consideration of Long-Term Needs During Hiring Process

Littler on

An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more

Seyfarth Shaw LLP

An Age Old Problem: Age Discrimination Cases in the Workplace

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Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

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

Proskauer - California Employment Law

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) - Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more

Epstein Becker & Green

Contrary to EEOC Pandemic Guidance, New York City Warns Employers Against Preferential Treatment of Older Workers

Employers are struggling to find a new normal in light of the ongoing pandemic. They are grappling with reopening businesses, implementing reductions in force and furloughs, and filling new employment needs through hiring and...more

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