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“No Backsies?” — Not Rehiring a Recently Retired Employee Can Lead to Liability

Based on a set of somewhat unusual facts, a federal district court in Ohio ruled that an employer that refused to rehire a recently retired individual to his former position […]

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Federal Court: Sweeping Accusations Alone Do Not Meet The Standard For Age...

As the Equal Employment Opportunity Commission’s  FY 2019 report reflects 21.4% of all employment charges handled in 2019 were for age discrimination; 41.4% of all charges allege retaliation. Recently,...

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Ninth Circuit Rejects Plaintiffs’ Claims in Trio of ADA Disability Access Cases

In a big win for Starbucks and all other restauranteurs, retailers, and places of public accommodation, the U.S. Court of Appeals for the Ninth Circuit held in three related cases […]

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Hospital Granted Summary Judgment on Surgeon’s Discrimination Claims

The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and […]

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EEOC Issues Guidance on Inclusion of International Employees on OWBPA...

On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside...

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EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA...

For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and...

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Sixth Circuit Rejects EEOC’s Push to Broaden the Causation Standard in Age...

In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because […]

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15-Year-Old Soccer Star Granted Temporary Restraining Order on National...

Soccer phenom, 15-year-old Olivia Moultrie has been granted a Temporary Restraining Order (TRO) in her challenge to the National Women’s Soccer League’s (NWSL) Age Rule. The league’s Age Rule requires […]

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IBM Sued For Age Discrimination Following Investigation 

An older generation of workers is spending more time as a part of the workforce. The AARP reported in a 2021 study that “the number of workers aged 50+ has increased by 80% over the past 20 years.”In...

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Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove...

Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court...

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Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary...

The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz as the city marshal. In doing so, the Fifth Circuit...

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EEOC Pursues Case for Gig Workers in Algorithmic Age Discrimination Case

The U.S. Equal Employment Opportunity Commission has charged the English-learning platform iTutorGroup Inc. for violating Federal rules on age discrimination. The online platform pairs thousands of...

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Fox Sports Sued for Using COVID as a “Mask” for Age Discrimination

Nine former workers at Fox Sports have sued the network for using COVID as a front for age discrimination. In the 21-page complaint, the workers claim that they were told to stay at home due to...

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EEOC Sues Pharma Giant Eli Lilly for Age Discrimination

The U.S. Equal Employment Opportunity Commission sued pharmaceutical giant Eli Lilly in a federal lawsuit for discriminating against older applicants for sales positions nationwide. The EEOC officially...

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Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software...

Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the...

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