The Employer Handbook Blog
That’s the vibe I got from reading this recent Fifth Circuit decision affirming the lower court’s dismissal of age discrimination claims. Continue reading
Articles Posted in Age
If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department.
Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the HRTC role.
Is that code for age discrimination?
How long do your employees have to sue you for discrimination?
Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?”
Either way, let’s discuss. Continue reading
This HR service provider “walked the walk” and defeated claims of age discrimination
Some of the tenets of good HR compliance include documenting and communicating performance issues and taking additional formal steps to alleviate them. If those steps fail, the employer can proceed with termination, being sure to document the reasons supporting the final decision. Continue reading
A “relentless and ruthless” campaign of 1,000 age-based insults might force an older employee to resign
“This case is close,” reasoned a federal appellate court. Continue reading
Hey, management-side employment lawyers! Bookmark this post now and thank me later.
We’ve all been there as defense attorneys.
You find yourself defending claims of disparate treatment under a federal anti-discrimination statute like the Age Discrimination in Employment Act (ADEA) where your client hired someone younger than the plaintiff. The only logical explanation, according to the plaintiff, is age discrimination. Why? Because the plaintiff just knows that she was more qualified than the other person. Continue reading
If your hiring software does this, the EEOC says its age discrimination
In this Friday post, I shared some technical guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice to help employers navigate the Americans with Disabilities Act when using software, algorithms, and artificial intelligence to assess job applicants and employees.
But employers using hiring software can discriminate in other ways. Continue reading
Don’t ruin your arbitration agreements by doing this…
Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. Continue reading
Is it legal to fire over 900 employees at once over Zoom?
Image by Lynn Kurtz from Pixabay
News of a New York-based online mortgage lender’s CEO terminating over 900 employees with no notice on a three-minute Zoom call has been dominating my Google Alerts recently. Continue reading