The Third Circuit created a circuit split when it decided in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435 (3d Cir. Jan. 10, 2017) that a subgroup of older employees had a cognizable disparate impact claim under the Age Discrimination in Employment Act (“ADEA”) (which protects employees 40 years of age and older from age discrimination in employment. Here, the Plaintiffs were terminated pursuant to a reduction in force. Plaintiffs argued, among other things, that the red

The National Labor Relations Board, Wage and Hour Division, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, and Office of Federal Contract Compliance Programs issued a Fact Sheet clarifying that "retaliation against workers who assert workplace rights is unlawful, regardless of the workers' immigration status," and reminds workers that the agencies will protect them from retaliation by employers. https://www.dol.gov/dol/fact-sheet/immi