The Employer Handbook Blog
I was going to title this one: “Sorry, I’m pretty sure that’s not how diversity, equity, and inclusion works.”
It’ll make sense in a second.
Articles Posted in Age
Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)
On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims of age discrimination, whether for disparate treatment, disparate impact, harassment, and retaliation. Continue reading
That time a federal appellate court schooled a teacher on at-will employment
A schoolteacher who got promoted to Assistant Head of School, only to have her position eliminated, felt that the school should have explored other alternatives. She believed this demonstrated a pretext for age discrimination.
She was wrong. Continue reading
A day late and an age discrimination claim short
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration agreement.
What happens when everyone in the same position is over 60 and gets fired?
Is it age bias? Or just business? Continue reading
Bad EEOC position statements can come back to haunt you. Just ask this employer.
There will come a time in your HR or employment law career when you must respond to a Charge of Discrimination filed with the United States Equal Employment Opportunity Commission by filing a position statement.
The EEOC has a great resource on effective position statements and stresses that the position statement should clearly explain the employer’s version of the facts. But here’s a bonus tip. Stick with whatever legitimate business decision the Charging Party mistook for an act of discrimination.
You’ll see what I mean in a second. Continue reading
Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF
Reductions in force are bad enough. Don’t let decisionmakers mishandle them and create litigation risks.
This guy’s discrimination claims were so bad. (How bad were they?)
They were so bad that a federal judge applied a rarely-used rule of civil procedure to consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.
Boy, that was about as witty as Groundskeeper Willie’s standup routine at Springfield Elementary.
(Note to self: take after the Clown.) Continue reading
Fool me once, shame on me. Fool me twice, the EEOC sues you for age discrimination
Proving age discrimination can be difficult because plaintiffs must ultimately establish that their age was a determinative factor in the defendant’s decision. In other words, if not for the plaintiff’s age, the [adverse employment action] would not have occurred. Continue reading
“You have done nothing wrong. I am just following orders in building a new, younger team for the CEO.”
If you’re 67 years old, you work in human resources, and you happen to hear those words from the company’s U.S. president, it may be time to dust off the old resume.
Or contact the U.S. Equal Employment Opportunity Commission. Continue reading