Employment Litigation, Age Discrimination, Adverse Employment Action

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on 7/17/2025

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on 4/19/2022

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

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

Proskauer - Law and the Workplace on 4/5/2022

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

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on 7/24/2020

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

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

Parker Poe Adams & Bernstein LLP on 11/20/2019

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

Seyfarth Shaw LLP on 6/17/2019

Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on 5/17/2019

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on 2/7/2019

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Employment Litigation › Age Discrimination › Adverse Employment Action

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