Age Discrimination » Employment Law Information Network

First Circuit Evaluates PIP as Evidence of Age Discrimination

Ogletree Deakins — Thu, 26 Mar 2026 20:06:59 +0000

On March 13, 2026, the U.S. Court of Appeals for the First Circuit ruled in Walsh v. HNTB Corp. that placing an employee on a performance improvement plan (PIP) did not constitute age discrimination under the Age Discrimination in Employment Act (ADEA) because the working conditions remained the same.

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Hostile Work Environment Claims Under the ADEA: Lessons from the Seventh Circuit

Ogletree Deakins — Thu, 25 Sep 2025 23:31:16 +0000

May an employee assert a hostile work environment claim under the Age Discrimination in Employment Act (ADEA)? In Blumenshine v. Bloomington School District No. 87, the U.S. Court of Appeals for the Seventh Circuit responded affirmatively, and, in so doing, joined a number of its sister circuits that had previously

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Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants

CDF Labor Law LLP — Thu, 10 Aug 2023 21:27:29 +0000

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 employer alleging that its artificial intelligence (“AI”) software automatically rejected female tutor applicants over 55 and male tutor applicants over 60. According to the complaint, the age […]

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

Ogletree Deakins — Fri, 22 Apr 2022 17:03:50 +0000

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 gave a bit more clarity on the situations in which comments made by an employer or

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Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext

Ogletree Deakins — Tue, 05 Apr 2022 14:03:00 +0000

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 of Appeals for the Sixth Circuit.

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

Ford Harrison — Tue, 04 May 2021 13:25:33 +0000

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 of her age in violation of the Age Discrimination in Employment Act (ADEA). Two of the three statements in question related to another employee in […]

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

Jackson Lewis — Tue, 19 Jan 2021 20:54:30 +0000

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 group layoffs.

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EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

Littler — Mon, 18 Jan 2021 15:59:00 +0000

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 the United States must be included in the disclosure required for compliance with the Older Worker Benefit Protection Act (OWBPA). The EEOC

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

Ogletree Deakins — Wed, 24 Jun 2020 09:50:00 +0000

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 (Johnson v. Starbuck Corp., Lindsay v. Starbucks Corp., and Kong v. Starbucks Corp.) that accessible sales and service counters are

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Can Cross-Generational Viral Internet Phrases in the Workplace Create Unlawful Age Discrimination?

Jackson Lewis — Sun, 08 Dec 2019 05:00:00 +0000

“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they view as too old-fashioned. Some even use “OK Boomer” to discount opinions stereotypically attributed to the Baby […]

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Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

Littler — Mon, 28 Jan 2019 05:00:00 +0000

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination.

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Seventh Circuit Limits Job Applicants’ Age Discrimination Claims

Ford Harrison — Fri, 25 Jan 2019 05:00:00 +0000

Executive Summary: A divided U.S. Court of Appeals for the Seventh Circuit, sitting en banc, recently ruled 8-4 that job applicants may not bring claims for unintentional age discrimination under the Age Discrimination in Employment Act (ADEA). In rejecting plaintiff Dale Kleber’s claim, the court chiefly relied on the text of the statute, but also […]

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Supreme Court: Age Discrimination in Employment Act Applies to All State, Local Government Employers

Jackson Lewis — Wed, 07 Nov 2018 05:00:00 +0000

The Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless of their size, the U.S. Supreme Court has ruled in a unanimous (8-0) seven-page decision. Mount Lemmon Fire District v. Guido, No. 17-587 (Nov. 6, 2018).

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Supreme Court Hears Age Discrimination in Employment Act Case

Jackson Lewis — Wed, 03 Oct 2018 05:00:00 +0000

Does language in the Age Discrimination in Employment Act (ADEA) exempting “employers” with fewer than 20 employees apply to state governments or their subdivisions?

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Seventh Circuit Opines on “Reasonable Factor Other Than Age” Defense to ADEA Claim Stemming from Benefit Plan Elimination

Littler — Wed, 26 Sep 2018 05:00:00 +0000

The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. O’Brien v. Caterpillar Inc. No. 17-2956 (7th Cir. Aug. 20, 2018). The Seventh Circuit held that although the liquidation plan did statistically […]

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