News & Analysis as of

Retirement Employment Litigation

Venable LLP

SCOTUS Limits ADA Lawsuits by Retirees Over Post-Employment Benefits

Venable LLP on

In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more

Herbert Smith Freehills Kramer

The Supreme Court rules that individuals who no longer hold or seek to hold a job do not have standing to sue under the ADA for...

On June 20, 2025, the U.S. Supreme Court (SCOTUS) held in Stanley v. City of Sanford, Florida that a retired employee who could no longer hold or seek to hold her job could not sue under the Americans with Disabilities Act...more

Kohrman Jackson & Krantz LLP

Supreme Court finds Retiree Not Considered “Qualified Individuals” Under the ADA – But Pleading Can Make the Difference

The U.S. Supreme Court recently clarified in Stanley v. City of Sanford, No. 23-997, that individuals who have already retired are generally not considered “qualified individuals” eligible to assert claims under the Americans...more

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

Poyner Spruill LLP

U.S. Supreme Court Update: Recent Employment Law Decision

Poyner Spruill LLP on

On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

FordHarrison

Supreme Court: Retirees Who Cannot Work are not "Qualified Individuals" Entitled to Protection Under Title I of the Americans with...

FordHarrison on

On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I...more

Fisher Phillips

SCOTUS Rules Against Retired Firefighter in Disability Discrimination Case – But Says Some Post-Employment ADA Claims Can Prevail

Fisher Phillips on

The US Supreme Court just significantly restricted who can succeed on post-employment disability discrimination claims under the Americans with Disabilities Act (ADA) and when they may do so – but made it clear that employers...more

Stark & Stark

United States Supreme Court Ruling Significantly Narrows Title I of the Americans with Disabilities Act

Stark & Stark on

On June 20, 2025, the United States Supreme Court issued an important ruling in Stanley v. City of Sanford, Florida, which significantly narrows the scope of the protections under Title I of the Americans with Disabilities...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

Carlton Fields on

The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

SwissRe participants sue company and Empower

Former employees of Swiss Re American Holding Corp. are suing the company and its recordkeeper, Empower, for breaching their fiduciary duties under the Employee Retirement Income Security Act (ERISA). The plaintiffs allege...more

Hogan Lovells

HL Pensions Law Digest 31 March 2025

Hogan Lovells on

A bite-sized summary of recent UK pension news Welcome to our latest update, in which we cover: Pensions dashboards blog: connecting via a third party Explaining the key steps when connecting to the dashboards ecosystem...more

Fisher Phillips

SCOTUS Predictions: Supreme Court Will Rule Against Retired Firefighter in Post-Employment ADA Case

Fisher Phillips on

The Supreme Court will soon decide whether a retiree can sue a former employer under the Americans with Disabilities Act (ADA) for discrimination in post-employment benefits. While the 11th Circuit Court of Appeals held that...more

Nossaman LLP

Court of Appeal Upholds Limits on Pensionable Pay of Former Union President

Nossaman LLP on

In Serrano v. California Public Employees Retirement System (Case No. C098392, February 25, 2025), the Third District Court of Appeal unanimously upheld the CalPERS Board’s exclusion of certain compensation paid to a member...more

Seyfarth Shaw LLP

Seyfarth’s SCOTUS Employment Law Roundup: A Win for Employers Defending Exemptions Under the FLSA, and Two Other Cases to Watch

Seyfarth Shaw LLP on

In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more

Parker Poe Adams & Bernstein LLP

Supreme Court Hears Arguments on ADA Retiree Discrimination Claims

On Monday, the U.S. Supreme Court heard oral arguments in a case that could have significant impacts on employee retiree medical insurance plans. In Stanley v. City of Sanford, a retired city employee alleges that Sanford’s...more

Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Parker Poe Adams & Bernstein LLP

Discussion of Employee's Impending Retirement Not Evidence of Age Discrimination

It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more

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

Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext

Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court of Appeals for the Sixth...more

Bowditch & Dewey

Permission to Retire: Can Active Litigation Prevent Admission to Life 2.0?

Bowditch & Dewey on

Back in 2019, we told you about Jennifer Freyd, a professor at the University of Oregon who had sued the school and two University officials for gender discrimination, claiming that although her own department chair...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Seyfarth Shaw LLP

Not All Is Lost for California Employers: Enforce Non-Compete Forfeiture Provisions through ERISA Top Hat Plans?

Seyfarth Shaw LLP on

Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees. Edwards simply reaffirmed California’s long-standing...more

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

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Littler

Seventh Circuit Opines on "Reasonable Factor Other Than Age" Defense to ADEA Claim Stemming from Benefit Plan Elimination

Littler on

The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide