Tag: ADEA

EEOC

Age Discrimination Claims Will Continue to Be Analyzed Using a ‘But-For’ Standard

The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) affirmed summary judgment (dismissal without a trial) in favor of an employer and held claims filed under the Age Discrimination in Employment Act (ADEA) must continue to be judged using a “but-for” standard.

LGBTQ

10th Circuit Ruling Shows LGBTQ Case’s Ripple Effect

In the wake of the U.S. Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBTQ community, many have wondered how the decision might affect other employment litigation under Title VII of the Civil Rights Act of 1964.

Name, Sex, and (Not) DOB? Connecticut Bill Could Ban Asking About Age

In January, Connecticut joined the growing lists of states that have banned employers from asking about an applicant’s salary history. Now, during the state’s 2019 legislative session, a new bill is making the rounds that could ban Connecticut employers from inquiring about an applicant’s age.

Almost Royal: How Not to Conduct an Interview

The BBC’s faux reality show, Almost Royal, follows the lives of British aristocrat siblings, Poppy and Georgie Carlton as they tour the United States with their father’s ashes in tow. After their father’s untimely demise from a shooting accident, this brother-sister duo travel across the Atlantic to tour the country that their father loved in accordance […]

Big No-No: Questioning Employees about Their Retirement Plans

Q We have an employee who is about to turn 65. He has been with the company about 10 years. He is very negative about the organization and has created the same negativity in his two direct reports. In all honesty, we would like him to retire because of the toxic attitude. May we ask […]

discrimination

Avoiding Candidates with ‘Too Much Experience’ Could Land Employers in Hot Water

A 58-year-old attorney had too much experience to seek an in-house legal position with a healthcare products company. In a U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—decision, the court considered whether the “disparate impact” provision of the Age Discrimination in Employment Act (ADEA) covers job applicants or only current […]

The Rise of Digital Discrimination in the Wake of Targeted Job Ads

“Help Wanted” ads have evolved significantly since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967—from classified ads in the local newspaper, to listings on company websites and online jobs sites like ZipRecruiter.com and Indeed.com. With the recent advent of advertising on social media platforms, the recruiting landscape has changed even further.