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If at first, you don’t succeed, try, try, try, try again. Then, file an age discrimination lawsuit. Then try again.
EverythingSuperMario [CC BY-SA 4.0], via Wikimedia Commons
EverythingSuperMario [CC BY-SA 4.0], via Wikimedia Commons
David Maiolo [CC BY-SA 3.0], via Wikimedia Commons

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Last week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act.
What does this mean in plain English?

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Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae.
Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more universal tomorrow. Perhaps, Nova Scotian paid sick leave legislation. Continue reading
See page for author [Public domain], via Wikimedia Commons

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Every so often — not, “if I had a nickel” often, but every once in a while — someone hits me up for my two cents on firing an employee who is on FMLA or some other form of protected leave for [fill in the reason]. Continue reading

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The Age Discrimination in Employment Act is a federal law that makes it unlawful for employers to discriminate based on age against anyone who is 40 or older.
Got that? 40 or older. Continue reading

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Consider this example: Continue reading
By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia Commons