EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment in virtual or online work environments, as well as harassment related to sexual orientation, gender identity, pregnancy, and religion. More ›

Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed

Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate impact discrimination was recognized by the Supreme Court decades ago in Griggs v. Duke Power, which established that Title VII of the Civil Rights Act of 1964 made it unlawful—even if facially neutral—for employer practices to have a materially adverse impact on a protected group, unless the neutral practice is supported by business necessity. More ›

"Ok Boomer"... From Internet Meme to Workplace Age Discrimination

Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and younger generations. But employers should be vigilant and warn employees about the use of "Ok Boomer" and other age-related comments, as well as dismissive attitudes directed towards older workers. Given the prevalence of lawsuits alleging age discrimination and harassment, this latest popular phrase is cause for concern. More ›

The Eighth Circuit Examines When Partners are Owners as Opposed to Employees Covered by the ADEA

Earlier this week, the Eighth Circuit affirmed a Missouri district court's decision in Von Kaenel v. Armstrong Teasdale, LLP. This case of first impression for the circuit court involved an equity partner at Armstrong Teasdale LLP, Joseph S. von Kaenel, who was forced out at age 70 at the conclusion of 2014. He alleged that but for the firm's mandatory retirement policy in the firm's partnership agreement, he would have retired at or around 75. He filed suit in federal court, where the central issue was whether he was an employee covered under the Age Discrimination in Employment Act (ADEA). The Eighth Circuit concluded that he was not an employee covered by the ADEA.

While this ruling is specific to law firms, all businesses using a partnership model, especially multitiered partnerships, should proceed with caution in applying this decision.

Read our Lawyers for the Profession® alert about the case to learn more.

Applicants Not Protected by ADEA's Disparate Impact Theory, According to 7th Circuit

In a split decision, the Seventh Circuit Court of Appeals held en banc that the Age Discrimination in Employment Act's (ADEA) protections against disparate impact age discrimination do not extend to applicants. Rather, they apply only to employees. More ›

New Illinois Employer Posting Requirements to Ring in the New Year

As Illinois employers get into the swing of 2019, do not forget Illinois has a new and additional posting requirement that came about as a result of amendments to the Illinois Human Rights Act in the Fall of 2018. That posting requirement obligates employers to post the notice found here with your other postings to employees and to include the substance of the content in your employee handbooks. It reminds employees of their right to be free from discrimination, sexual harassment, and retaliation, as well as their right to a reasonable accommodation for pregnancy and disabilities. More ›

U.S. Supreme Court Holds the ADEA Applies to All Public Employers

In a recent 8-0 decision, the U.S. Supreme Court upheld a Ninth Circuit Court of Appeals decision holding the Age Discrimination in Employment Act (ADEA) applies to public employers of any size. More ›

Strategies for Age Inclusion in Honor of the ADEA's 50th Birthday

In honor of the golden anniversary of the Age Discrimination in Employment Act (ADEA), the EEOC issued a report entitled "The State of Age Discrimination & Older Workers in the U.S. 50 Years After the ADEA." At a time when sex and race issues are at the forefront of the news, the EEOC reminds us that older workers face struggles of their own obtaining and retaining employment. More ›

Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit

If your company hires in Illinois, Indiana, or Wisconsin, and uses years of experience ranges in job postings, it is time to break out the red pen and strike the upper end of those ranges. In a 2-1 opinion, the 7th Circuit recently held the disparate impact provision of the Age Discrimination in Employment Act (ADEA) protects outside job applicants as well as internal job applicants. Now, hiring practices that disparately impact outside applicants over age 40 are unlawful. Applying that ruling in the case before it, the court revived a disparate impact lawsuit claiming experience caps disparately impacted older workers in violation of the ADEA. More ›

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit alleges. About one year later, the NFL fired 9 security representatives accounting for approximately 1/3rd of the league’s staffing for the position and approximately 75% of the security representatives who were of the of age 60 or older. The security personnel promptly filed a federal suit in the Southern District of New York. More ›