Archives: ADEA

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Older Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim

An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age Discrimination in Employment Act (“ADEA”), according to a recent decision by the United States District Court for the Southern District of Texas. Harrison … Continue Reading

Job Applicants Cannot Bring Disparate Impact Claims Under Age Discrimination In Employment Act

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading

Inconsistent Policy Application By Employer Allows Age Discrimination Claim To Survive Summary Judgment

In Jones v. Pate Rehab. Endeavors, Inc., Docket No. 14-CV-2218 (N.D. Tx. June 17, 2016), the Court denied Defendant’s motion for summary judgment dismissing Plaintiff’s age discrimination claim under the ADEA.  By way of background, Defendant employed Plaintiff as a Patient Transporter, which required him to transport patients in a motor vehicle.  During his employment, … Continue Reading
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