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Employment Discrimination Report

Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

Age Discrimination

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Congress Moves Toward Providing Employees an Easier Path to Pursue Age Discrimination Claims

By Renee Sheyko on August 18, 2021

Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009,…
Continue Reading Congress Moves Toward Providing Employees an Easier Path to Pursue Age Discrimination Claims

Posted in Age Discrimination

Is “OK, Boomer” OK?

By Fox Rothschild LLP on February 18, 2020

In January, Supreme Court Chief Justice John Roberts drew considerable media attention by asking, during the oral argument of an age discrimination case, Babb v. Wilkie, a question about…
Continue Reading Is “OK, Boomer” OK?

Posted in Age Discrimination, Employee Hiring, Employee Termination, Employment Litigation, General Employment Discrimination, General Employment Matters, Uncategorized

Florida Jury Puts the Hammer Down on Mercedes Dealers in Disability Discrimination Dispute

By Fox Rothschild LLP on February 27, 2017

Bill Egan writes:

Cancer treatment
Copyright: tashatuvango / 123RF Stock Photo

Aside from whistleblower and highly offensive sexual harassment cases, there may be no claim that elicits…
Continue Reading Florida Jury Puts the Hammer Down on Mercedes Dealers in Disability Discrimination Dispute

Posted in Age Discrimination, Disability Discrimination, Employee Termination

Fifty and Fabulous

By Fox Rothschild LLP on March 13, 2015

We have spoken frequently about age discrimination cases on this blog.  Whether it be “code words” being used or more direct comments on age, these can all be part of…
Continue Reading Fifty and Fabulous

Posted in 5 Minute Laugh, Age Discrimination

“A Bar Too High” And Other Pretexts For Discrimination

By Fox Rothschild LLP on December 16, 2014

Reorganization, reduction in force (“RIF”), merger of departments – these are only a few reasons which employers give when firing an employee – and which is frequently alleged to be …
Continue Reading “A Bar Too High” And Other Pretexts For Discrimination

Posted in Age Discrimination, Title VII, U.S. Equal Employment Opportunity Commission (EEOC)

Employers: Don’t Forget That Employees Must Mitigate Damages

By Fox Rothschild LLP on November 17, 2014

We have written little about the requirement in Title VII (and the other anti-discrimination  laws) that a plaintiff-employee has a duty to mitigate damages.  This may be because many lawyers…
Continue Reading Employers: Don’t Forget That Employees Must Mitigate Damages

Posted in Age Discrimination, Americans with Disabilities Act (ADA), Title VII

“We’re On The Hunt For Young, Fit And Competent Employees”

By Fox Rothschild LLP on November 6, 2014

We recently posted that the BBC reported that numerous age discriminatory ads appear on the UK government’s Universal Jobmatch website, seeking “recent graduates” or “young graduates.”

One UK ad read:…
Continue Reading “We’re On The Hunt For Young, Fit And Competent Employees”

Posted in Age Discrimination

“Senioritis”

By Fox Rothschild LLP on October 17, 2014

We have compiled a long list of words or terms used by employers to describe older employees — which the employees have later used in court as direct evidence of…
Continue Reading “Senioritis”

Posted in Age Discrimination

76-Year Old Employee Told To “Hang Up His Superman Cape” Loses Age Case On Appeal

By Fox Rothschild LLP on October 15, 2014

Way back in September 2013 we wrote that age cases would not be age cases if not for the vast number of creative ways employers refer to employees as “old.”…
Continue Reading 76-Year Old Employee Told To “Hang Up His Superman Cape” Loses Age Case On Appeal

Posted in Age Discrimination

UK Government Job Website Ads Seek “Ambitious Young People”: Anyone See A Problem?

By Fox Rothschild LLP on October 9, 2014

The BBC has just reported that numerous age discriminatory ads appear on the UK government’s Universal Jobmatch website, which is used by millions seeking jobs.

“Recent graduates” are sought in…
Continue Reading UK Government Job Website Ads Seek “Ambitious Young People”: Anyone See A Problem?

Posted in Age Discrimination

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