Sometimes promotions move quietly through the ranks.No job posting, no formal applications, just a quiet internal decision. A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. TL;DR: Three longtime employees in their 50s sued after their company quietly promoted a…
Articles Posted in Age
“I Wonder How That Would Work”: The Interview Question That Reopened a Sex-Discrimination Case
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. TL;DR: A First Circuit panel revived a federal postal employee’s Title VII sex-discrimination claim after her supervisor, while interviewing her for a promotion, remarked that…
How careless leadership talk can tip a discrimination case
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. TL;DR:…
Think the ADEA Covers All Hiring Bias? Not So Fast.
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed…
Another court greenlights hostile work environment claims based on age
The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. TL;DR: The Seventh…
When a “machismo” culture isn’t enough to prove discrimination
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and…
Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly…
Jury Finds Age Discrimination Against HR Manager, Awards Enough for a Gallon of Gas (Unleaded, Not Premium)
He proved age discrimination. The jury agreed. Then they awarded him $3. One dollar for back pay, one for front pay, and one for emotional distress. No, this wasn’t small claims court. But it might as well have been. TL;DR: A Michigan jury found that a former HR Manager was…
The Dog Ate Our Documentation. The Court Ate Our Defense.
They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. TL;DR: A federal appeals court just revived an age…
The Employer Handbook: Week in Review Podcast (April 21–25, 2025)
Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go.…