Articles Posted in Age

Have you ever heard of an “intersectional” discrimination claim?

April 12, 2024 | by Eric B. Meyer

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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. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.

Whoa, whoa, whoa! Hold up. Continue reading

Here’s how bad documentation can cost a company big bucks when a former employee sues

March 18, 2024 | by Eric B. Meyer

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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. Continue reading

145,000 reasons not to tell an employee they have “old-timers disease.”

February 22, 2024 | by Eric B. Meyer

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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. Continue reading

In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.

February 15, 2024 | by Eric B. Meyer

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This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading

Here are 105,000 reasons not to force an older worker to retire

February 8, 2024 | by Eric B. Meyer

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“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not retiring?” Continue reading

A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick.

February 7, 2024 | by Eric B. Meyer

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Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.

Spoiler alert: it didn’t.

Next time, maybe she’ll just get that tattoo.

January 22, 2024 | by Eric B. Meyer

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Trust me. The title of this post will make sense in about a minute or two.

Did this guy’s performance really nose-dive? Or did his age motivate his abrupt termination?

January 19, 2024 | by Eric B. Meyer

noun-cliff-3352339-1024x1024 Stop me if you’ve heard this one before. Continue reading

What do you think? Is this a hostile work environment? (Spoiler alert: no.)

December 21, 2023 | by Eric B. Meyer

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Some jobs stink. But that doesn’t make the office a “hostile work environment.”

A bipartisan group in Congress wants to make it easier for employees to prove age discrimination

December 8, 2023 | by Eric B. Meyer

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On Monday, three House Republicans and three House Democrats reintroduced the Protecting Older Workers Against Discrimination Act (POWADA), billed as a bipartisan proposal to strengthen anti-discrimination protections for older workers.

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