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The Employer Handbook BlogThe Employer Handbook: Week in Review Podcast (April 21–25, 2025)
Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading
Articles Posted in Age
It wasn’t the cancer. It wasn’t the age. It was the failed business model.
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
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?😱
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
From Termination To Trial: Why Employers Need a Consistent Story
It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.
In age discrimination claims, that often means poking holes in the employer’s stated reasons for termination—showing inconsistencies, contradictions, or just plain weak excuses. And that’s precisely what happened in a recent Ninth Circuit case. Continue reading
When Actions Speak Louder: Age Discrimination Without Words
Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks about age. Continue reading
When the Employment Lawyer Becomes the Plaintiff: Lessons from an ADEA Case
In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading
Wait until you see how EASY it is to plead a claim of discrimination in federal court
A recent Eleventh Circuit decision serves as a sobering reminder to employers why a plausible claim — a mere inference of bias – is all it takes for a plaintiff to pursue discrimination claims. Continue reading
Can an employer force an employee to arbitrate ***checks notes*** a charge of discrimination?
Nothing ventured, nothing gained. Continue reading
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading