$17.7 Million Award In Age Discrimination Lawsuit
A California jury awarded $17.7 million to a group of five older workers who were given more difficult work hours so as to injured them or frustrate them into quitting. The employers also downgraded the workers performance reviews. In Ward v. Cadbury Schweppes Bottling Grp., a seven member jury found that American Bottling Co. and Dr.…
Read MoreResidents Only Requirements May Constitute Race Discrimination – NAACP v. North Hudson Reg’l Fire & Rescue
Hiring requirements – such as English only rules, passing a test or living in a certain area- may be considered racial discrimination depending on the circumstances. In a recent case, the 3rd Circuit Court of Appeals determined that a Regional Fire and Rescue squad that had a rule stating that only residents could be hired as…
Read MoreWoman Who Was Fired After Undergoing Sex Change Wins Claim For Sex Discrimination In Glenn v. Brumby
A woman who underwent a sex change has recently won a transgender sex discrimination case. In Glenn v. Brumby, a federal appeals court in Atlanta reviewed whether a former editor in the Georgia General Assembly’s Office of Legislative counsel had a claim for sexual discrimination after she was fired following the announcement of her intent to…
Read MoreCourt Determines Constant Questions About Retirement Supports Worker’s Age Discrimination Claim In Franks v. Village of Bolivar
Recently a court in Ohio determined that if your boss repeatedly asks you questions such as “when are you going to retire?” or urges you to retire, these actions may support a claim under the Age Discrimination in Employment Act (ADEA). The ADEA is a federal law that prohibits discrimination against individuals over the age…
Read MoreSupreme Court To Review Whether Pharmaceutical Sales Representatives Are Exempt Under The Fair Labor Standards Act in Christopher v. SmithKline Beecham Corp.
The U.S. Supreme Court has just agreed to review Christopher v. SmithKline Beecham Corp., a significant case concerning pharmaceutical sales representatives. At issue, whether the sales reps are considered exempt or not exempt under the Fair Labor Standards Act (FLSA). If the court determines the reps are “outside salespersons” they would be considered exempt under the FLSA…
Read MoreDraft Final Rule On ADEA Regulations Approved
Older workers offer significant experience and maturity to the work force, but unfortunately age discrimination continues to be one of the fastest growing types of employment discrimination claims. In an effort to combat this growing problem, Congress passed the Age Discrimination in Employment Act (ADEA). The ADEA makes age discrimination illegal and provides legal protection for…
Read More7th Circuit Determines Statements May Be Direct Proof Of Bias In Makowski v. SmithAmundsen
Sometimes evidence that you have been discriminated against may be clear and direct. Other times evidence of discrimination may be indirect and is based on inference or presumption. In a recent case, Makowski v. SmithAmundsen, the 7th Circuit determined that a statement that reveals bias may be used as direct proof of job discrimination, and that…
Read MoreCommunity College Employee Allowed To Proceed With Wrongful Termination Claim Under The ADA In Blackburn v. Trustees
The Americans with Disabilities Act protects qualified individuals against several different types of discrimination based on a “disability.” A qualified individual with a disability includes those individuals with any medical, physiological, or psychiatric condition that substantially limits a major life activity. Further, the ADA protects against perceived disabilities. This includes disability discrimination based on stereotypes and baseless…
Read MoreReligious Discrimination Lawsuit Based On Headwear Policies Continues in United States v. New York City Transit Authority
In late September, a federal court determined that a religious discrimination case filed on behalf of Muslim and Sikh bus drivers, train operators and subway station agents should proceed. The federal ruling came a year after a district court judge determined that the case should proceed because the New York Transit Authority had failed to show any…
Read MoreOlder Employee May Bring Claim For Age Discrimination Claim Where Evidence Exists That Younger Workers Were Treated Better in Earl v. Nielsen Media Research, Inc .
Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…
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