Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. TL;DR: The Fourth Circuit held that employers cannot contractually shorten the time employees have to file discrimination lawsuits under Title VII of the Civil Rights Act of 1964 (Title VII) or the…
The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. TL;DR: A New Jersey appellate…
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. TL;DR: In a recent Eleventh Circuit decision, the…
Sometimes promotions move quietly through the ranks.No job posting, no formal applications, just a quiet internal decision. A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. TL;DR: Three longtime employees in their 50s sued after their company quietly promoted a…
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. TL;DR: A First Circuit panel revived a federal postal employee’s Title VII sex-discrimination claim after her supervisor, while interviewing her for a promotion, remarked that…
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. TL;DR:…
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed…
The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. TL;DR: The Seventh…
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and…
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly…