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The Employer Handbook Blog
Articles Posted in Age
A bipartisan group in Congress wants to make it easier for employees to prove age discrimination
On Monday, three House Republicans and three House Democrats reintroduced the Protecting Older Workers Against Discrimination Act (POWADA), billed as a bipartisan proposal to strengthen anti-discrimination protections for older workers.
An employer cannot rely on a contract to discriminate
Earlier this month, an employer learned the hard way that it could not rely on a contract provision to greenlight discrimination.
Continue reading
An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?
The U.S. Army employed a “septuagenarian civilian doctor.”
Well, at least it used to. Continue reading
2.4 million reasons not to intentionally avoid hiring older workers
I was going to title this one: “Sorry, I’m pretty sure that’s not how diversity, equity, and inclusion works.”
It’ll make sense in a second.
Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)
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
That time a federal appellate court schooled a teacher on at-will employment
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 day late and an age discrimination claim short
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.
What happens when everyone in the same position is over 60 and gets fired?
Is it age bias? Or just business? Continue reading