By Paul Galligan and Meredith-Anne Berger

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over forty and under forty, but within subgroups of those over forty as well.

Last week, in Karlo v.
Continue Reading Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

By Kevin A. Fritz, Andrew R. Cockroft, and Craig B. Simonsen

Seyfarth Synopsis: Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly acquiesced to a Caucasian family’s request that no African American
Continue Reading Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case

By Christopher W. Kelleher

Stock Image:The EEOC recently released its Proposed Enforcement Guidance on Retaliation, which is not law, but will shape how the agency investigates retaliation charges going forward.  The report, which replaces the 1998 version, offers a look into the EEOC’s expansive view of its jurisdiction.

While the EEOC emphasizes that charges of retaliation “essentially doubled” between
Continue Reading EEOC Expands Its View Of Retaliation Charges