Articles Posted in Age

Put simply, a performance improvement plan is designed to improve performance, not expose employers to liability. Courts used to see it that way too. That changed when the Supreme Court redefined what counts as an adverse employment action — and suddenly PIPs were in play.

TL;DR: An IT employee placed on a three-month performance improvement plan that she successfully completed did not suffer an adverse employment action under the ADEA. The First Circuit, applying the Supreme Court’s 2024 decision in Muldrow v. City of St. Louis, held that a PIP constitutes an adverse action only if it actually changes the terms or conditions of employment — and this one didn’t. The court also rejected the employee’s constructive discharge claim, finding that quitting ten months after finishing the PIP, with no one telling her to leave and no evidence of intolerable conditions, did not amount to a forced resignation.

📄 Read the First Circuit’s decision

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 on whether the ADEA lets applicants challenge those practices. Congress is now stepping in with a bill to make the answer clear. Continue reading

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. Continue reading