A senior executive wins a jury trial for retaliation under the ADEA and Massachusetts state law, with an award of back and front pay, emotional distress damages and liquidated (double) damages. The First Circuit substantially preserves the judgment against the employer and affirms injunctive relief to restore plaintiff to the company's benefit plans, though it tamps down the compensatory damage award on grounds of excessiveness.
An employee with a 31-year history is fired at age 56 for allegedly failing to maintain sanitary conditions in a pharmaceutical plant, and sues for age discrimination under the ADEA in Puerto Rico law. Reversing summary judgment, the First Circuit finds relevant events that occurred after the employee was fired, particularly that his 34-year-old replacement was not fired after similar violations - including "a string of incidents occurred in which animals, including numerous insects, a lizard, and rats, entered the plant."
The Ninth Circuit reminds courts that the notice pleading standard for garden-variety employment discrimination cases remains low under Fed. R. Civ. P. 8, and that a simple three-page complaint can suffice.
Here's a case that addresses the vexing question, "What happens when a key fact witness in a Title VII/ADEA trial - the defendant's decision maker - dies before he/she can offer testimony?" The Second Circuit's answer is that the employer in those circumstances can rely on circumstantial evidence, here a folder of resumes that the decision maker reviewed when making the hiring decision at issue. So holding, the court affirms a jury verdict for the school district, allowing the paperwork to stand in the place of live testimony about the reasons why the plaintiff was not hired.
The SEC recently published a notice that the Financial Industry Regulatory Authority, Inc. ("FINRA") has proposed a rule change to its Code of Arbitration Procedure for Industry Disputes. The proposal would be a welcome change - the new rule would make collective actions ineligible for FINRA arbitration, just as class actions already are. With the rule change, employees who are registered with FINRA (e.g., stockbrokers, traders, and other employees working in securities businesses) will be able to file and participate in FLSA, ADEA, and EPA collective actions without the threat of being compelled to arbitrate their claims in FINRA's forum.
The Ninth Circuit holds (2-1) that a federal-sector promotion process that weeds out a well-qualified older candidate for promotion, which then awards the job to the youngest applicant, and that was possibly influenced by data about the employees' projected retirement dates, presents a genuine issue of material fact about age discrimination under the ADEA.
On November 16, 2011, the Equal Employment Opportunity Commission ("EEOC") approved, by a 3-2 vote, draft final regulations that provide guidance on the meaning of "the reasonable factor other than age" defense under the Age Discrimination in Employment Act ("ADEA"). These proposed regulations advance the purpose of the ADEA by forcing employers to think twice about whether their policies have an arbitrarily discriminatory effect on older workers.
The Ninth Circuit contributes to the latest in a roster of recent U.S. Courts of Appeals' decisions reversing summary judgment in cases where the district court applied a too-strict standard of "similarly situated" to evaluate an employee's claim of discriminatory discipline under the McDonnell Douglas test.
An age discrimination plaintiff wins a $48,000 judgment at trial, only to lose it - in a 2-1 vote - before a panel of the Fifth Circuit, which holds that judgment should have been entered for the employer on limitations grounds. As Judge Higginbotham's dissent points out, the issue of who decides such issues is paramount.
One of the most memorable hostile-work-environment facts encountered in a recent published federal opinion: The manager - who has a history of physically threatening the plaintiff - rips off his shirt at work and tells the employee, "You don't know who you are talking to. See these scars. I was shot and was in jail." The Fifth Circuit reverses summary judgment in an ADEA and Title VII harassment case.