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290 results found

Article

Barnes & Thornburg LLP | USA | 8 Jun 2017

The Age Discrimination in Employment Act Turns 50

Put 50 candles on the cake. In 1967, the U.S. Congress passed the Age Discrimination in Employment Act (ADEA) with the stated purpose "to promote

Article

Ogletree Deakins | USA | 10 Nov 2016

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims

Article

Epstein Becker Green | USA | 9 Jun 2011

The future of employment arbitration agreements the legacy of AT&T Mobility LLC v. Concepcion

Employment litigation is growing at a rate far greater than litigation in general.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 2 Feb 2011

Court advises employers to offer consistent and truthful reasons for actions

Employers may sometimes seek to 'pull punches' when informing an employee of the reasons for an adverse employment action - such as when the employee's employment is being terminated - and thus provide different reasons if the termination is later challenged before an administrative agency such as the Equal Employment Opportunity Commission (EEOC).

Article

Vedder Price PC | USA | 21 Jan 2011

Recent EEOC lawsuits suggest a prudent new year’s resolution for HR professionals

As we reported several years ago, the EEOC has shifted its focus towards so-called "systemic" litigation (EEOC Gearing Up for High-Impact "Systemic" Litigation, August 2006).

Article

Kramer Levin Naftalis & Frankel LLP | USA | 1 Dec 2010

Adverse employment actions: be consistent and truthful when providing reasons

Employers may sometimes seek to "pull punches" when informing an employee of the reasons for an adverse employment action, such as when the employee's employment is being terminated, and thus provide different reasons if the termination is later challenged before an administrative agency such as the Equal Employment Opportunity Commission (the "EEOC").

Article

Seyfarth Shaw LLP | USA | 15 Mar 2010

First Circuit finds evidence of pretext in “shifting explanations”

In Vélez v. Thermo King de Puerto Rico, Inc., the U.S. Court of Appeals for the First Circuit found evidence of pretext in an age discrimination case where an employer terminated a fifty-six year old employee without explanation, later disclosed the reason to the Puerto Rico Anti-Discrimination Unit (PRADU), and then added a second explanation to the first when the case was filed in federal court.

Article

Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 28 Jul 2009

New EEOC guidance for employees (that's right employees!)

As is becoming more apparent everyday, employers are facing a new government culture.

Article

Faegre Baker Daniels LLP | USA | 28 May 2008

Supreme Court decides two retaliation cases

The Supreme Court issued two important decisions on May 27, 2008, concerning employment-related retaliation claims of which employers need to be aware.

Article

Vedder Price PC | USA | 4 Mar 2008

Supreme Court endorses EEOC definition of “charge” under ADEA

In its second pro-employee decision in two days, the Supreme Court held that a charging party need not file a formal charge with the EEOC to satisfy the administrative charge-filing requirement.

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