Articles Posted in Age


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


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?

Continue reading


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

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