Four-Years-Younger Replacement Not Sufficient to Support ADEA Claim

The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.

Unpleasant, Off-Hand Comments Did Not Force African-American Employee to Quit, Court Holds

An African-American woman who described her employment as “satisfying” and a “great experience” in her resignation letter could not prove a hostile work environment/constructive charge claim (that is, that workplace harassment was so severe, based on her race, that she was forced to quit), the Fourth Circuit Court of Appeals has ruled.

Employers Protected From Age-Based Bias Claims Brought by Job Applicants

A federal appeals court has ruled that outside job applicants may not sue companies under the Age Discrimination in Employment Act (“ADEA”) for neutral hiring practices that have a negative impact on older applicants.

Campbell Litigation, P.C.February 28, 2019ADEA, Age Discrimination in Employment Act, Hiring Practices, Seventh CircuitComment

Always Check Whether a Plaintiff’s Claim is Timely: Tenth Circuit Court of Appeals Affirms Dismissal of Employment Discrimination Case Filed Six Days Late

Under Title VII of Civil Rights Act of 1964 (“Title VII”), the Americans With Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and most state anti-discrimination statutes, employees may file a lawsuit no later than 90 days after receiving notice from the administrative agency that the investigation has concluded (a “Notice of Right to Sue”). Courts strictly enforce the 90-day limitations periods, which in Title VII, ADA, and ADEA cases are “condition precedent to suit,” and, in the case of many state anti-discrimination acts, are jurisdictional, meaning a plaintiff’s failure to file within 90 days will strip the court of jurisdiction to hear a claim.

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