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Article Index » age discrimination: 10 Most Recent Articles Report Link Congress Introduces Legislation to Overturn Supreme Court Age Discrimination Decision.Jackson Lewis LLP - October 15, 2009 Lawmakers in both the U.S. Senate and House of Representatives have introduced legislation to overturn a Supreme Court decision that has been criticized by politicians and advocacy groups as making it more difficult for plaintiffs to prevail on age discrimination claims. Report Link Federal ADEA Update: Company Liable For Discriminatory Hiring Practices Of Third Party Recuiter.Barker Olmsted & Barnier - October 05, 2009 If a company retains an outside recruiter to interview and hire employees on its behalf, can the company be held liable if the recruiter engages in discriminatory practices? Report Link Federal Appeals Court Holds Employer May be Liable for Age Discrimination by Contractor.Jackson Lewis LLP - September 24, 2009 Under the federal Age Discrimination in Employment Act, employers may be held liable for discriminatory employment decisions made by their independent contractors, the federal appeals court in New York has held. Halpert v. Manhattan Apartments, Inc., No. 07-4074-cv (2d Cir. Sept. 10, 2009). The employer’s liability would turn on whether the contractor was acting as the employer’s agent, with direct or apparent authority, the Court said. Since the facts are disputed in this case, the Court vacated summary judgment for the defendant-employer and remanded the case to the district court. Report Link Employer May Be Liable for Hiring Done by Independent Contractor.Ogletree Deakins - September 18, 2009 The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against an individual over the age of 40, and specifically includes a prohibition against failing to hiring someone based on his or her age. The 2d U.S. Circuit Court of Appeals recently pointed out the expansive nature of that prohibition by holding that an employer may be held liable for discrimination by third parties - including an independent contractor who is authorized by the employer to make hiring decisions on its behalf. Report Link What?!? I Thought We Settled That Case! The Sixth Circuit Weighs in on Overbroad Settlement Agreements Under OWBPA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 28, 2009 We recently reported on the EEOC's guidance concerning waivers of employment law claims, particularly the release of age discrimination claims under the Age Discrimination in Employment Act (ADEA) and Older Workers Benefits Protection Act (OWBPA). See "New EEOC Guidance for Employees (That's Right – Employees!" Days later, the United States Court of Appeals for the Sixth Circuit issued an opinion in Neely v. Good Samaritan Hosp., 6th Cir., No. 07-4281, unpublished opinion 7/31/09, which further explored the complexities of securing a valid age discrimination release under these two laws. Report Link Termination for Obsolete Skill Set Does Not Constitute Age Discrimination.Ogletree Deakins - August 13, 2009 The Age Discrimination in Employment Act (ADEA) prohibits employers from treating employees who are 40 or older adversely on the basis of their age. Recently, however, the 7th U.S. Circuit Court of Appeals held that an employee’s “obsolete skill set” which caused him to be of “declining value” to the company was sufficient basis to support an that individual’s termination during a reduction in force (RIF), and found that the termination did not constitute age discrimination. Report Link U.S. Supreme Court Issues Employer-Friendly ADEA Ruling.Ogletree Deakins - August 13, 2009 In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the "but for" cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age. Report Link U.S. Supreme Court Raises Employee Burden In Age Bias Cases.Barker Olmsted & Barnier - July 06, 2009 On June 18th, the U.S. Supreme Court issued a significant employment law decision that will make it more difficult for an employee to prove a case of intentional discrimination under the Age Discrimination in Employment Act (“ADEA”) as compared to the burden required under Title VII of the Civil Rights Act of 1964. Report Link ADEA Disparate-Treatment Plaintiffs Must Prove Age Was the But-For Cause of the Challenged Employment Action.Buchanan Ingersoll & Rooney PC - July 01, 2009 In a surprising decision, the Supreme Court held, 5-to-4, that federal age discrimination claimants must prove that their age was the "but for" cause of the challenged employment decision (such as failure to promote, demotion or termination). Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (June 18, 2009). This means that ADEA plaintiffs bringing disparate treatment claims generally will have a more difficult burden of proof as compared to Title VII plaintiffs. Report Link New United States Supreme Court Decision Gross v. FBL Financial Services, Inc. Helps Employers In ADEA Cases.Cooley Godward Kronish LLP. - June 26, 2009 In a key victory for employers, the United States Supreme Court held on June 18, 2009, that a plaintiff bringing an Age Discrimination in Employment Act (“ADEA”) disparate treatment claim must prove, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action. This ruling also establishes that the burden of persuasion does not shift to the employer to show that it would have taken the action regardless of age, even when a plaintiff has produced some evidence that age was one of the motivating factors in that decision.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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