Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). Wait, wha, wha, what the heck is an RFOA? (The Cliff Notes versions because, like, you could click…
Below are summaries of four pieces of legislation of which employers should take note: Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of…
According to FacesOfLawsuitAbuse.org, the lawsuit that keeps those lawyer jokes flowing is… Convict sues couple he kidnapped for not helping him evade police. A man who kidnapped a couple at knifepoint while he was running from the police is now suing the victims, claiming that they promised to hide him…
Oh, Meyer, where are you going with this one? Well, it’s my chance to play a little GnR after the jump while reminding my awesome employer readers about what it takes for an employee to actually prove a claim of age discrimination. (Hint: It’s not easy)… * * * To…
What’s the point of having a written handbook policy if you aren’t going to follow it? Better yet, what are the consequences of not following that handbook policy? (Hint: they’re bad). Find out why after the jump… * * * This recent federal-court age-discrimination decision underscores the importance of companies…
Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee’s retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you think, Brett?…
Your employees view pornography. Well, some of them do. I know this may be a shock to some. And if you are one of those people, and you run a business in one of the mid-Atlantic states, give me a call. We should talk sometime. Then, I’ll hit you over…
From the sublime to the ridiculous, the NY Daily News reports here that a 60-year-old musician suing for age discrimination claims that the presiding 88-year-old Manhattan judge is too old to hear the case. According to the NY Daily News story, the plaintiff, who was representing himself before his case…
You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” “pops,” and “old mother******” and then steering car sales away from him to younger employees. Age discrimination is serious business, yo. Details on this gem after the jump……
Let’s say that a company holds a meeting for older employees (all are over 49 years old). And the purpose of the meeting is to discuss the future expectations of the employees in attendance, including retirement options at the company. Then throw in a stray remark from the company, something…