Age Discrimination in Employment Act Archives

Labor and Employment Policy to Watch in 2021’s Second Half

by McDermott Will & Emery | Jul 20, 2021 | Employment, Labor

As US Congressional Democrats continue their advocacy for a pro-worker agenda, multiple bills and rules could bring about sweeping changes to the civil rights and labor protections for millions of workers. These include:

The Equality Act
The Protecting Older Workers Against Discrimination Act
The Pregnant Workers Fairness Act
The Protecting the Right to Organize Act (PRO Act)
The US Department of Labor’s Overtime Rule

According to McDermott partner Ellen Bronchetti, the PRO Act, for example, would enshrine a strict ABC test into federal law that would analyze whether workers qualify as independent contractors.

“I think that because Biden has promised to strengthen worker protections and strengthen workers’ right to organize, I think employers need to keep a real close eye on this legislation or versions of the legislation or pieces that might get pulled out and put elsewhere,” Bronchetti said in an article published in Law360.

Access the article.

Employers and Artificial Intelligence: Six Pitfalls to Watch Out For

by Brian Mead | Jun 22, 2021 | Employee Benefits, Employment

As governments lift COVID-19 pandemic restrictions, employers are turning to artificial intelligence tools to accelerate their hiring processes.

However, these AI-based tools can open businesses up to discrimination claims if they are not careful, according to McDermott partner Brian Mead.

“[The technology] could decide that certain words [are] unlikely to [yield] successful candidates, and then it’s prescreening out members of protected classes and categories of applicants in a discriminatory way,” Mead said in a recent Law360 article.

Access the article.

What to Do When Scared Workers Do Not Respond to Work Due to COVID-19

by Pankit Doshi | Aug 4, 2020 | Employment

Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act.

In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work.

Access the article.

New EEOC Rule Significantly Increases Employer Burdens in ADEA Disparate Impact Cases

by McDermott Will & Emery | Jun 12, 2012 | Employment

by Stephen D. Erf, Chris C. Scheithauer and Heather Egan Sussman.

The Equal Employment Opportunity Commission (EEOC) recently amended its regulations under the Age Discrimination in Employment Act (ADEA) concerning disparate impact claims. The final rule, which became effective on April 30, 2012, is likely to impose significant administrative burdens on employers as well as increase potential litigation exposure and costs of ADEA claims.

To read the full article, click here.