Articles Posted in Age

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WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.

Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?

Where a 20-year employee with an exemplary record is suddenly fired…

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I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old at the Eagles first preseason game. I’m happy to report that the Eagles won, and, to the delight of the intoxicated masses who hung around in the fourth quarter — most everyone but me and my son — Tim Tebow scored a touchdown.

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Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom).

But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with a co-worker (even Tyrion Lannister would blush) restores my confidence in my chosen profession.

Rather than just walk away, why did this employee claim violations of various federal employment laws? Because the blog gods are good, my friends.

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In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and Blossom‘s Jenna von Oy as the customer — you’ll just have to settle for a short blog post about the age discrimination lawsuit that ensued after the pharmacist was fired.

As detailed in this recent Pennsylvania federal court opinion, a drug store decided to require that its pharmacists immunize customers upon request. The plaintiff, a pharmacist, was morally opposed to administering the flu vaccine because a close friend of his had contracted Guillain-Barre Syndrome after receiving a flu vaccine. The drug store didn’t doubt the sincerity of the plaintiff’s beliefs. Nonetheless, it fired him because he refused to immunize customers, which was an essential part of his job. Continue reading

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Whatcha doin’ two weeks from today?

Want to grab some breakfast with me? Maybe hear about what’s hot at the EEOC and get a legal roadmap for managing the aging workforce?

In you’re in the Philadelphia area and would like to learn more about these topics, then come on down to our offices on Thursday, April 24 at 8:30 AM for a free presentation with a complimentary continental breakfast. Lawyers can get CLE. HR credits will also be offered.

The only bad news is that you’ll have to hear me flap my gums for an hour about best practices to avoid becoming an EEOC target. And since I can’t seem to blog my way out of a paper bag, you can imagine how (in)articulate I’ll be. Fortunately, my co-presenter from the EEOC, Mary Tiernan, will rock thy world.

Plus, my Dilworth Paxson colleagues will school you on the legal issues of which you should be aware when dealing with your older employees.

If you are interested in attending, click here for more details and to RSVP.

Mention this blog and I’ll get you an extra pat of butter to go with your continental breakfast.

After all, I take care of my VIPs.