News & Analysis as of July 30, 2025

Hiring & Firing › Age Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

Husch Blackwell LLP on 7/30/2025

In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Considering a Reduction in Force? Some Preliminary Considerations

Foley & Lardner LLP on 7/22/2025

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

Kohrman Jackson & Krantz LLP on 7/22/2025

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

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

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case

CDF Labor Law LLP on 6/19/2025

As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

Warner Norcross + Judd on 6/19/2025

On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

Two New Oregon Laws Will Soon Change the Way You Hire: Your Compliance Checklists

Fisher Phillips on 6/17/2025

Oregon Governor Tina Kotek just signed two bills into law that will soon change employer obligations regarding applicants and new hires. When these new laws take effect, you’ll need to rethink how you collect applicant data...more

Think Before You Ask: Oregon Cracks Down on Age-Related Hiring Questions and Increases Age Discrimination Protections for...

Littler on 5/23/2025

Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment. When it comes to age, Oregon is one of only a handful of...more

Looking for a "Digital Native" in a Job Ad is Discriminatory!

Orrick, Herrington & Sutcliffe LLP on 5/23/2025

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

Davis Wright Tremaine LLP on 5/22/2025

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

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

Fisher Phillips on 5/21/2025

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

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

Cooley LLP on 3/13/2025

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

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

Fisher Phillips on 2/17/2025

A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Age is Just a Number: France Embraces Its ‘Silver Workforce’

Ius Laboris on 2/4/2025

France has tabled a new collective agreement aimed at promoting the employment of ‘experienced employees’. While its entry into force still has some way to go, the proposed agreement represents an important step towards...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

Noble Energy Settles EEOC Age Discrimination Charge

U.S. Equal Employment Opportunity Commission... on 1/10/2025

DENVER – Houston-based Noble Energy, Inc. will implement a series of anti-discrimination measures to conciliate age discrimination allegations by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency...more

Connecticut Court Ruling Clarifies ‘Recent Graduate’ Language in Job Ads: What Employers Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/16/2024

On October 29, 2024, the Connecticut Appellate Court issued an important decision in a case brought by the Connecticut Commission on Human Rights and Opportunities (CHRO), Commission on Human Rights and Opportunities v. Yale...more

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

Fisher Phillips on 10/28/2024

Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...more

Supreme Court Declines Review of Fourth Circuit Age Discrimination Standards

Parker Poe Adams & Bernstein LLP on 10/11/2024

This week, the U.S. Supreme Court rejected a petition requesting review of a Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) decision that set a low bar for plaintiffs to plead...more

Builders FirstSource Sued by EEOC for Discrimination

U.S. Equal Employment Opportunity Commission... on 10/4/2024

Federal Suit Charges Manager Wrongly Assumed Worker Was Too Old and Disabled - SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a...more

Crab Knight to Pay $30,000 in EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 10/1/2024

Federal Agency Charged Daytona Beach Seafood Restaurant Unlawfully Terminated Employee Because of Her Age - MIAMI – Divine Boiling Group, LLC, doing business as Crab Knight, a family-style seafood restaurant in Daytona...more

EEOC Sues Inova Surgery Center, LLC for Disability and Age Discrimination

U.S. Equal Employment Opportunity Commission... on 10/1/2024

Federal Agency Charges Medical Provider Fired Employee While She Was Recovering from Surgery and Replaced Her with Younger, Less-Qualified Co-Workers - WASHINGTON – Inova Surgery Center, LLC, which operates outpatient...more

EEOC Sues Allen Theatres for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 10/1/2024

Federal Suit Charges Movie Theater Chain Illegally Removed Employees from Company Health Insurance Plan and Forced 72-Year-Old Theater Manager to Retire - CLOVIS, N.M. – Allen Theatres, Inc., which operates a chain of...more

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Hiring & Firing › Age Discrimination

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