Emily Miller is a student at Harvard Law School.
The Eastern District of California held recently that job applicants may bring disparate impact claims under the Age Discrimination in Employment Act. In Rabin v. Pricewaterhouse Coopers LLP, plaintiffs filed a putative class action against the company alleging that their hiring practices, such as recruiting through universities and maintaining a mandatory retirement age, disproportionately targeted younger workers. Additionally, the plaintiffs alleged that recruiting materials were unfairly aimed at younger individuals, as they featured photographs of only young workers and described the workforce as primarily composed of millennials. As a result, the complaint alleges, the average age of employees at the firm is 27 years old. The decision declined to follow a 2016 decision by the 11th Circuit that only employees, but not job applicants, may make a disparate impact claim under the ADEA.
The New York Times reports that, with some Republican governors looking to reform and limit Medicaid by imposing work requirements, many of those who currently depend on the program will face obstacles to staying enrolled. Under the Affordable Care Act, Medicaid has grown to insure one in five individuals. Under a proposed Medicaid replacement plan, presented to House members last week, the federal government would cover significantly less of state’s health care costs, and states would have greater freedom to structure their own Medicaid plans. Given more freedom, Republican governors like Asa Hutchinson of Arkansas plan to require Medicaid recipients to have a job, participate in job training, or perform community service. However, advocates for the poor say that this poses insurmountable obstacles for some individuals, especially those with a criminal record or lack a cellphone or reliable transportation.
After calls by the Trump Administration to deport millions of undocumented individuals in the U.S., the restaurant and construction industries, which rely on immigrants to fill low-paying jobs avoided by many U.S. citizens, are becoming concerned that they may face labor shortages, reports the Wall Street Journal. Nearly half of the 1.1 million foreign-born workers on U.S. farms are undocumented, according to the U.S. Department of Agriculture. Meanwhile, immigration officials are gaining more discretion in who may be arrested and deported while enforcing immigration laws, the New York Times reports. Last week, White House Press Secretary Sean Spicer announced that the president wanted to “take the shackles off” of enforcement agents. This means relying more heavily on local police and allowing for quicker deportations, among other potential policy changes.
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January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions
January 9
TPS cancellation litigation updates; NFL appeals Second Circuit decision to SCOTUS; EEOC wins retaliation claim; Mamdani taps seasoned worker advocates to join him.
January 8
Pittsburg Post-Gazette announces closure in response to labor dispute, Texas AFT sues the state on First Amendment grounds, Baltimore approves its first project labor agreement, and the Board formally regains a quorum.