The U.S. Equal Employment Opportunity Commission sued pharmaceutical giant Eli Lilly in a federal lawsuit for discriminating against older applicants for sales positions nationwide. The EEOC officially filed its lawsuit after several unsuccessful attempts to settle. The lawsuit scrutinizes the company’s hiring practices after a senior vice president for
Articles Discussing General Topics Under the ADEA
Fox Sports Sued for Using COVID as a “Mask” for Age Discrimination
Nine former workers at Fox Sports have sued the network for using COVID as a front for age discrimination. In the 21-page complaint, the workers claim that they were told to stay at home due to pandemic-related office closures and then left in limbo for over a year, not
EEOC Pursues Case for Gig Workers in Algorithmic Age Discrimination Case
The U.S. Equal Employment Opportunity Commission has charged the English-learning platform iTutorGroup Inc. for violating Federal rules on age discrimination. The online platform pairs thousands of United States-based tutors with Chinese students to help them learn the English language.
Similar to gig economy jobs available on American platforms Uber or
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on the situations in which comments made by an employer or
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 Circuit.
IBM Sued For Age Discrimination Following Investigation
An older generation of workers is spending more time as a part of the workforce. The AARP reported in a 2021 study that “the number of workers aged 50+ has increased by 80% over the past 20 years.”In other words, older people are working longer. But as industries pivot
15-Year-Old Soccer Star Granted Temporary Restraining Order on National Women’s Soccer League Age Rule
Soccer phenom, 15-year-old Olivia Moultrie has been granted a Temporary Restraining Order (TRO) in her challenge to the National Women’s Soccer League’s (NWSL) Age Rule. The league’s Age Rule requires players to be at least 18 years old to compete for a position on a NWSL team. United States Court
Sixth Circuit Rejects EEOC’s Push to Broaden the Causation Standard in Age Discrimination Lawsuits
In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of the Age Discrimination in Employment Act (ADEA). Two of the three statements in question related to another employee in her eighties, and the third was a statement that the bank should hire younger tellers.
EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures
For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs.
EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must be included in the disclosure required for compliance with the Older Worker Benefit Protection Act (OWBPA). The EEOC
Hospital Granted Summary Judgment on Surgeon’s Discrimination Claims
The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and physical exams and have a proctor when conducting lower bowel surgeries following the death of one of his patients, a
Ninth Circuit Rejects Plaintiffs’ Claims in Trio of ADA Disability Access Cases
In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases (Johnson v. Starbuck Corp., Lindsay v. Starbucks Corp., and Kong v. Starbucks Corp.) that accessible sales and service counters are
Federal Court: Sweeping Accusations Alone Do Not Meet The Standard For Age Discrimination and Retaliation
As the Equal Employment Opportunity Commission’s FY 2019 report reflects 21.4% of all employment charges handled in 2019 were for age discrimination; 41.4% of all charges allege retaliation. Recently, seven former directors of a grocery store chain filed suit alleging age discrimination and retaliation arising from alleged transfer to failing
“No Backsies?” — Not Rehiring a Recently Retired Employee Can Lead to Liability
Based on a set of somewhat unusual facts, a federal district court in Ohio ruled that an employer that refused to rehire a recently retired individual to his former position will need to argue at a jury trial that its decision was not based on age. In Rose v. City
Can Cross-Generational Viral Internet Phrases in the Workplace Create Unlawful Age Discrimination?
“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.