FordHarrison LLP • April 07, 2020
Executive Summary: On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a “but-for” cause of an adverse employment action. See Babb v. Wilkie, 589 U.S. __ (2020). The Court had held nine years ago in Gross v. FBL Financial Services that a private-sector plaintiff must show age was the “but for” cause of an adverse employment action. But the public and private sector provisions of the ADEA are “couched in very different terms,” wrote the Court in Babb. The federal-sector provision of the ADEA, the Court held, demands that personnel decisions be untainted by any consideration of age.
Jackson Lewis P.C. • April 07, 2020
The U.S. Supreme Court has ruled that federal government employees can sue for age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) when age bias taints the decision-making process, not merely when age bias plays a determinative, “but for” role in the employment decision. Babb v. Wilkie, Secretary of Veteran Affairs, No. 18-882 (Apr. 6, 2020).
Jackson Lewis P.C. • December 08, 2019
“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they view as too old-fashioned. Some even use “OK Boomer” to discount opinions stereotypically attributed to the Baby Boomer generation.
Jackson Lewis P.C. • January 29, 2019
The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019). Accordingly, in Illinois, Indiana, and Wisconsin, job applicants will not be able to challenge hiring decisions that are neutral, but which disproportionately exclude job applicants over 40.
Littler Mendelson, P.C. • January 28, 2019
A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination.
FordHarrison LLP • January 25, 2019
Executive Summary: A divided U.S. Court of Appeals for the Seventh Circuit, sitting en banc, recently ruled 8-4 that job applicants may not bring claims for unintentional age discrimination under the Age Discrimination in Employment Act (ADEA). In rejecting plaintiff Dale Kleber’s claim, the court chiefly relied on the text of the statute, but also supported its position by examining the overall structure of the ADEA. See Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019).
Fisher Phillips • November 18, 2018
In a unanimous 8-0 decision, the United States Supreme Court issued its first ruling of the new term today and delivered a blow to small public-sector employers fending off age discrimination lawsuits. The Court ruled that the Age Discrimination in Employment Act (ADEA) applies to all states and political subdivisions regardless of the number of people the public entity employs. Today’s ruling in Mount Lemmon Fire District v. Guido has implications for small public employers—who must now comply with the ADEA—but also raises the serious specter for individual liability under the ADEA for all employers.
Jackson Lewis P.C. • November 07, 2018
The Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless of their size, the U.S. Supreme Court has ruled in a unanimous (8-0) seven-page decision. Mount Lemmon Fire District v. Guido, No. 17-587 (Nov. 6, 2018).
Ogletree Deakins • November 07, 2018
On November 6, 2018, the Supreme Court of the United States ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to all states and political subdivisions—regardless of their size. In an opinion that Justice Ruth Bader Ginsburg authored—which was unanimous save for Justice Brett Kavanaugh, who did not take part in the decision—the Court reasoned that a 1974 amendment to the ADEA extended its reach to public-sector employers by adding state and local governments to the definition of “employer.” However, this extension to public-sector employers did not include the size requirement that applies to other covered employers under the ADEA—namely, employers defined as “a person engaged in an industry affecting commerce who has twenty or more employees” Mount Lemmon Fire District v. Guido, No. 17-587, Supreme Court of the United States (November 6, 2018).
Jackson Lewis P.C. • October 03, 2018
Does language in the Age Discrimination in Employment Act (ADEA) exempting “employers” with fewer than 20 employees apply to state governments or their subdivisions?