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, seven former directors of a grocery store chain filed suit alleging age discrimination and retaliation arising from alleged transfer to failing stores and denial of the
ADEA
“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 will need to argue at a jury trial that its decision was not based on age. In Rose v. City of Toledo, a 62-year-old…
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…
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 …
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…