News & Analysis as of

Job Ads Hiring & Firing Age Discrimination

Orrick, Herrington & Sutcliffe LLP

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

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

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

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

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

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

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

Colorado’s Job Application Fairness Act Restricts Employers’ Ability to Request Age-Related Information From Applicants

On June 2, 2023, Colorado enacted the Job Application Fairness Act (JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Cozen O'Connor

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. ...more

Nilan Johnson Lewis PA

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

Nilan Johnson Lewis PA on

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more

Hogan Lovells

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

Hogan Lovells on

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Amundsen Davis LLC

Revival Of Age Discrimination Lawsuit A Warning To Employers

Amundsen Davis LLC on

At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

Miles & Stockbridge P.C.

Help Wanted: How Your Online Job Advertisements Could Be Considered Age Discrimination

More and more employers are seeking employees on the internet through targeted advertisements on Facebook. Employers can target these advertisements to certain users based on age, location, interests, experience, among other...more

McAfee & Taft

Digital discrimination: Targeted ads don’t reach all potential applicants

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Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

Troutman Pepper Locke

Job Ads Distributed to Younger Recruits May Be Discriminatory

Troutman Pepper Locke on

Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal? A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more

Hinshaw & Culbertson LLP

Federal Judge: Did Employer Use Experience Requirement to "Weed Out" Older Workers? Maybe.

Hinshaw & Culbertson LLP on

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” I add: “Until your employer cares. Then it matters.”...more

Mintz - Employment, Labor & Benefits...

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

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