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. Continue reading
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. Continue reading
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. Continue reading
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 on whether the ADEA lets applicants challenge those practices. Congress is now stepping in with a bill to make the answer clear. Continue reading
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. Continue reading
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. Continue reading
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.
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. Continue reading
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. Continue reading
Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading
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