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Age Discrimination

Age and Wage Issues Among Many Resolved On Election Day

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the […]

Former Pepsi Employee’s ADEA Claim Fizzles Out

To prevail on a claim of discriminatory termination under the Age Discrimination in Employment Act (ADEA), an employee must show that he was meeting job expectations.  Moreover, even if an employee can establish a prima facie case, an employer can prevail by showing that the personnel decision was made for a legitimate, non-discriminatory reason.  In […]

Court Dismisses Grumpy Hospital Clerk’s Claim of Age Discrimination

On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years.  In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary […]

Yet Another Example of the Importance of Documenting Performance Issues

A case decided this past week in the United State District Court for the District of Maryland highlights the importance of documenting an employee’s (non-discriminatory) performance issues at the time they occur. Ward v. Columbia Bank, No. CCBC-16-3606 (D. Md. 2/2/18).  Plaintiff Ward began working for Columbia Bank in 1999, and was promoted to branch […]

Split Developing On ADEA Disparate Impact Claims

A federal judge in California recently ruled that PricewaterhouseCoopers, LLC (“PwC”) must defend against a class action claim of unintentional age discrimination.  Rabin v. PricewaterhouseCoopers LLP, No. 16-cv-02276-JST (N.D. Cal. Feb. 17, 2017). On April 17, 2016, Steve Rabin, on behalf of himself and other similarly situated unsuccessful job applicants, filed a putative class action […]

Non-Renewal of Contract or Termination?

Employers often think that not renewing an employee’s contract is somehow qualitatively different from a termination of employment.  In some cases, and in certain limited circumstances, that may be true.  It is not true, however, with regard to statutory retaliation claims (e.g., my contract was not renewed because I engaged in activity protected by Title […]

Appellate Court Holds That ADEA Plaintiffs Can Use Employees Over 40 as Comparators

In Karlo, et al. v. Pittsburgh Glass Works, LLC (no. 15-3435; filed January 10, 2017), the Third Circuit Court of Appeals ruled that plaintiffs in an ADEA disparate impact claim can make out a prima facie case by showing that certain age subgroups within the protected class were treated differently from other subgroups within that […]

Officer’s Behavior Dooms Discrimination Claims

A recent decision from a D.C. federal court offers a reminder that employers who investigate workplace disputes and make employment decisions based on documented evidence put themselves in a better position to defeat lawsuits challenging those decisions.  Ladson v. George Wash. Univ., No. 14-cv-001586 (D.D.C. Sept. 1, 2016). Todd Ladson was a 24 year veteran […]

Appellate Court Holds That Applicants May Bring Disparate Impact Claim Under ADEA

In 2005, the Supreme Court concluded that the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against individuals who are at least 40 years old, provides not only for (1) disparate treatment claims, in which there is intentional discrimination by an employer because of protected status, but also for (2) disparate impact […]