Tag: Age Discrimination in Employment Act (ADEA)

AI Discrimination: What EEOC Settlement with iTutorGroup, Inc., Means for Employers

Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three integrated English-language tutoring companies known as iTutorGroup, Inc., confirms any doubts employers might have. Now more than ever, employers should carefully evaluate the benefits and […]

Grudge Match: Long-Simmering Resentment Stokes Age Bias, Retaliation Claims

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor […]

Age Discrimination: Third Circuit Confirms Age Is Just a Number

On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show her employer’s nondiscriminatory reasons for not hiring her were “so plainly wrong that it cannot […]

Time to Revisit and Update Your COVID-19 Policies

During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates, and disability and religious accommodations in the workplace. Employers should familiarize themselves with the new guidance and, if necessary, update their existing COVID-19 policies.

Temporary Rescission of Job Offer Isn’t Adverse Employment Action, 7th Circuit Rules

Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? A […]

talent

Making Social Media Work for You—Not Against You—in Recruiting for Diversity

Achieving a diverse workforce and learning how to use social media to recruit talent are two common goals for employers. Sometimes, though, the two objectives can work against each other. Gone are the days when employers would specify an age, gender, or other characteristic in a newspaper help-wanted ad. Today’s social media-aided recruiting opens a […]

Digital Discrimination: Targeted Ads Don’t Reach All Potential Applicants

“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. […]

Is There Harm In Asking? Questioning Employees About Their Plans to Retire

Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in Employment Act (ADEA) applies to […]

Warding off age discrimination claims in era of older workers

The U.S. Bureau of Labor Statistics predicts that nearly a quarter of the workforce will be made up of people age 55 and older by 2024. That contrasts to 1994, when just 11.9 percent of workers fell into that age group. If the projection for 2024 is correct—and the aging of the baby boomer generation […]

Biased bias: when protected classifications intersect

by Connor Beatty If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen […]