Last month, I explained how easy it is for an employee to plead a discrimination claim under the Age Discrimination in Employment Act. Yet, last night, I read an opinion in which the Fifth Circuit Court of Appeals had to correct not one but two judges on the pleadings standards.…
A plaintiff claiming age discrimination at work must ultimately prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of whatever adverse employment action the plaintiff claims to have suffered. However, a recent Fourth Circuit Court of Appeals decision reminds us that merely pleading allegations of age…
In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiff’s employment is false. Without…
The U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit and another about a recent settlement of age and disability discrimination claims. Both involve supervisors who allegedly thought they knew more than medical professionals. They were wrong. In the pending lawsuit, the EEOC…
Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation. 15 Senators voted in favor and 6 against. The legislation, introduced in…
A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C.…
Employment lawyers and human resources professionals regularly preach that managers must document employee performance issues as a best practice so that if/when that manager wants to terminate the employee, the company has the “receipts” to justify the decision. Suppose that the employee later sues for age discrimination. He may be…
Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from bypass heart surgery. Am I making this stuff up? When have you known me to do that? No, these allegations come from a recent U.S. Equal Employment Opportunity Commission (EEOC) press…
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at this EEOC press release? It seems her employer may have engaged in age and disability discrimination. Let’s see why the EEOC believes this: (I mean, other than “duh!”) According to the lawsuit, the…
“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not retiring?” A company manager at a manufacturing and distribution company allegedly asked these questions of a direct report as she approached her 65th birthday, according to the U.S. Equal Employment Opportunity…