Age Discrimination Archives - Kollman & Saucier P.A.

Ushering in Gen-Z and Preventing Age Discrimination in the Process

Kollman & Saucier

06/12/2024

Recently, employers have welcomed a new generation of employees into the workforce: Generation Z. Every generation brings unique workplace habits, communication styles, and preferences that are largely shaped by their experiences as young adults. The introduction of Gen-Z brings a fourth generation to the current workforce.[1] Generational gaps can lead to age discrimination in the workplace. “Ageism” refers to discrimination based on...

Kollman & Saucier

01/25/2024

ADA, Age Discrimination, Employment Discrimination, Hiring Process

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.” Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...

Kollman & Saucier

03/06/2023

Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on their age. A recent decision from the Fourth Circuit Court of Appeals underscores the importance for employers to make personnel decisions, such as the promotional decision involved in this case, for legitimate non-discriminatory reasons. Bandy v. City of Salem, No. 21-1565 (4th Cir. Feb. 13,...

Darrell VanDeusen

12/20/2021

Age Discrimination

Back when I was a baby lawyer in the mid-1980s, I remember a client who assured us that, contrary to our advice, what the client wanted to do was legally just fine. “But it’s not what the law permits” we said. “It’s what [very large company name redacted] does,” was the reply. “And [very large company name redacted] just got hit with a multi-million dollar verdict against it for doing it,” we rejoined, “so do you want that...

Kollman & Saucier

02/26/2021

Age Discrimination, Employment Discrimination

Last month, the U.S. Court of Appeals for the Sixth Circuit declined to extend the Supreme Court’s ruling in Bostock v. Clayton County, 140 S.Ct. 1731 (2020) to an Age Discrimination in Employment Act (“ADEA”) claim. In Pelcha v. MW Bancorp, Inc., 984 F.3d 1199 (6th Cir. Jan. 12, 2021), the Sixth Circuit affirmed the U.S. District Court for the Southern District of Ohio’s dismissal of an ADEA lawsuit, stating the plaintiff failed to show...

Vincent Jackson

10/22/2020

Age Discrimination, Virginia Employment Law

A recent case from the United States District Court for the Eastern District of Virginia, Richmond Division, demonstrates that employers must always choose their words carefully, especially when they’re about to fire poor-performing employees. In Granet v. Presidio, Inc., Civil Action No. 3:19-cv-821, the plaintiff was a 54-year old account manager who alleged that his former employer forced him to resign due to his age. Presidio countered...

Kollman & Saucier

07/31/2020

Age Discrimination, Employment Discrimination, Sex Discrimination

In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims. The case arose from a lawsuit filed against a gaming company. The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...

Kollman & Saucier

06/11/2020

Age Discrimination, COVID-19, EEOC, Employment Discrimination, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden

In an updated guidance on COVID-19, the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC has clarified an employer need not accommodate an employee's request to telework who is not high risk but lives with high risk individuals. The EEOC has also clarified that companies may not mandate exclude older workers and pregnant employees from the workplace even though public health authorities advise they are a higher risk group for severe...

Vincent Jackson

04/30/2020

Age Discrimination

The Fourth Circuit Court of Appeals upheld summary judgment in favor of Family Dollar in a suit brought by a former employee who alleged age discrimination and retaliation. The plaintiff, a 48-year old female, was fired after two “no-call, no-show” absences on consecutive days. She was terminated by a 27-year-old female manager. The crux of the plaintiff’s case was that the manager made several comments regarding plaintiff’s age,...

Kollman & Saucier

11/07/2018

Age Discrimination, Gender Identity, Legislative Developments, Medical/Legal Marijuana, State Law, Wage & Hour

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 Court held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act...

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Ushering in Gen-Z and Preventing Age Discrimination in the Process

Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

City Survives Age Discrimination Claim From Employee Denied Promotion

Invalid RIF Agreement Results in Big Plaintiff Verdict

Sixth Circuit Confirms But-For Causation Standard Remains In ADEA Claims

The Perils of Common Sense – Judge Permits Age Discrimination Suit to Go to Trial

Sex-Plus Age Claim Viable Under Title VII

EEOC's Updated COVID-19 Guidance: Employees Not Entitled To Accommodations Because They Live With High-Risk Individuals; Treat Older Workers Equally Despite Risk

Fourth Circuit Rules in Favor of Family Dollar in Age Bias Suit

Age and Wage Issues Among Many Resolved On Election Day

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Category: Age Discrimination

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