Working for Justice

Tag: ADEA

Extending the “Ministerial Exception”: What Does It Mean to Employees?

Posted July 14th, 2020 by in Employment Discrimination.

The past few weeks brought mixed results for plaintiffs at the Supreme Court. Although the Court surprisingly extended Title VII’s protections based on gender identity and sexual orientation in Bostock v. Clayton County, the Court wrapped up its term by extending the so-called “ministerial exception”—which exempts certain employees of religious institutions from employment protections—to a […]

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Workers Succeed in Class Age Discrimination Settlement, But Much Remains to be Done

After nearly two years of highly contested litigation, the Eastern District of Tennessee United States District Court recently granted final approval of a class action settlement resolving Tennessee auto-workers’ age discrimination claims against Volkswagen. Plaintiffs, represented by attorneys in Sanford Heisler Sharp LLP’s Nashville and New York offices, brought this lawsuit on behalf of older […]

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How Will COVID-19 Affect Older Workers Who Return to Work?

Posted May 18th, 2020 by in Age Discrimination.

Despite all of the uncertainty surrounding COVID-19, it has been apparent since the early days that the virus is dangerous for older adults. As our understanding of the pandemic changes and evolves, this finding does not appear to have wavered, and the CDC currently maintains that individuals 65 years and older “are at higher risk.” […]

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After-Acquired Evidence and Self-Help Discovery: What Employees Need to Know

Posted April 28th, 2020 by in Employment Discrimination.

Evidence-gathering is one of the most critical parts of any employment discrimination lawsuit. In the normal course of litigation, wrongfully terminated employees may use discovery tools to obtain evidence to prove their case. However, sometimes—due to mistrust in an employer, lack of knowledge about the legal system, or uncertainty that they even want to file […]

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Supreme Court Endorses Mixed-Motive Age Discrimination Claims for Federal Sector Employees

Posted April 6th, 2020 by in Age Discrimination.

In cases against private employers under the Age Discrimination of Employment Act (ADEA), employees must establish traditional “but for” causation. See Gross v. FBL Fin. Servs., 557 U.S. 167 (2009). This basically means that the termination or other adverse action at issue would not have happened without the unlawful discriminatory motive. This standard is grounded in […]

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Age Discrimination Causes Substantial Damage to Older Workers’ Careers and Health

Posted June 21st, 2019 by in Age Discrimination.

Several recent studies demonstrate that age discrimination is pervasive in American workplaces, which is causing extensive damage to the health and careers of older workers.  According to a 2018 AARP survey, about three in five older workers have either seen or experienced age discrimination in the workplace, and more than nine in ten older workers […]

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Confronting Age Discrimination in America

Posted April 23rd, 2019 by in Age Discrimination.

Americans are growing older. According to the U.S. Census Bureau, the current median age for an American is 38, and it is expected to rise to 40 by 2030.[1] In other words, by 2030 the number of Americans who are 40 and above will equal the number of Americans who are younger than 40. At […]

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Seventh Circuit Deprives Older Job Seekers of One Way to Challenge Age Discrimination

Posted February 5th, 2019 by in Age Discrimination.

Discrimination against older employees and job seekers is and remains pervasive. For example, a 2017 study by the Federal Reserve Bank of San Francisco found that older applicants have call-back rates that are thirty to forty-seven percent lower than those of their younger counterparts. The study further found that the difference is most pronounced for […]

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Job Hunting in the Digital Age: Fighting Unseen Discrimination Against Older Workers

Posted January 14th, 2019 by in Age Discrimination.

How did you find your current job?  Was it through an advertisement in the newspaper or another print periodical? And how about if you’re an employer looking to recruit and hire new employees?  Chances are, the answer to all of the above is: the internet.  So, if the employment advertisements that employers/employees use and view […]

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Proving Age Discrimination Against Job Seekers

Posted April 2nd, 2018 by in Age Discrimination.

Job seekers are well acquainted with the black hole into which their resumes seem to fall.  They may submit dozens of applications to get one interview. And employers do not need a reason to toss a resume – they can lawfully do so for no reason at all.  It is, however, unlawful to reject an […]

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