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 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.
Is it age bias? Or just business? 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
Reductions in force are bad enough. Don’t let decisionmakers mishandle them and create litigation risks.
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
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
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
That’s the vibe I got from reading this recent Fifth Circuit decision affirming the lower court’s dismissal of age discrimination claims. 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?
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