Articles Posted in Age

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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

noun-jackpot-982199We’ve all been there as defense attorneys.

You find yourself defending claims of disparate treatment under a federal anti-discrimination statute like the Age Discrimination in Employment Act (ADEA) where your client hired someone younger than the plaintiff. The only logical explanation, according to the plaintiff, is age discrimination. Why? Because the plaintiff just knows that she was more qualified than the other person. Continue reading

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In this Friday post, I shared some technical guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice to help employers navigate the Americans with Disabilities Act when using software, algorithms, and artificial intelligence to assess job applicants and employees.

But employers using hiring software can discriminate in other ways. Continue reading

2018-07-26 12 18 12 "Welcome to New Jersey" sign along southbound New Jersey State Route 284 just after entering Wantage Township, Sussex County, New Jersey from Minisink, Orange County, New York

Famartin, CC BY-SA 4.0, via Wikimedia Commons

Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination by employers.

Hey, I’m not complaining. Changes like these will help pay to put my kids through college. But let’s see what this latest amendment is all about. Continue reading

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