Articles Posted in Age

Think the ADEA Covers All Hiring Bias? Not So Fast.

September 24, 2025 | by Eric B. Meyer

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Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed on whether the ADEA lets applicants challenge those practices. Congress is now stepping in with a bill to make the answer clear. Continue reading

Another court greenlights hostile work environment claims based on age

September 4, 2025 | by Eric B. Meyer

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The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. Continue reading

When a “machismo” culture isn’t enough to prove discrimination

September 3, 2025 | by Eric B. Meyer

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A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. Continue reading

Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.

August 18, 2025 | by Eric B. Meyer

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When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim.

Jury Finds Age Discrimination Against HR Manager, Awards Enough for a Gallon of Gas (Unleaded, Not Premium)

July 28, 2025 | by Eric B. Meyer

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He proved age discrimination. The jury agreed. Then they awarded him $3. One dollar for back pay, one for front pay, and one for emotional distress. No, this wasn’t small claims court. But it might as well have been. Continue reading

The Dog Ate Our Documentation. The Court Ate Our Defense.

June 24, 2025 | by Eric B. Meyer

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They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. Continue reading

The Employer Handbook: Week in Review Podcast (April 21–25, 2025)

April 25, 2025 | by Eric B. Meyer

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Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading

It wasn’t the cancer. It wasn’t the age. It was the failed business model.

April 21, 2025 | by Eric B. Meyer

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A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. Continue reading

Pro Tip: If You See a Gun at Work, Don’t Wait Three Days to Tell Someone

February 28, 2025 | by Eric B. Meyer

Especially if you’re gonna claim discrimination when you eventually get fired.

That’s among the takeaways from a recent federal appellate court ruling reinforcing the importance of enforcing workplace policies, particularly those related to safety. Continue reading

Did I ever tell you about that grocery worker fired for buying beer 🍺 for her underage grandson who then claimed age discrimination?😱

February 18, 2025 | by Eric B. Meyer

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Last night, I read a First Circuit decision about an employee at a grocery store who violated company policy by buying beer for her underage grandson, except she claimed age discrimination.

Spoiler alert: she lost.

Stick around for some HR101: Clear policies and consistent enforcement matter. Continue reading

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