Articles Posted in Age


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


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


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

“Doing What’s Right – Not Just What’s Legal”
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