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The Employer Handbook Blog
Articles Posted in Age
This great federal court decision I read offers seven keys to a proper severance agreement
Image by Andreas Breitling from Pixabay
A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.
Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading
A company called the plaintiff an ‘old timer’ and later fired him. But he LOST his age bias claim. Here’s why…
Image Credit: https://publicdomainvectors.org/en/free-clipart/Old-man-with-cane/46227.html
There are plenty of buzzwords and phrases that, when uttered in the workplace, made provide good fodder for an age discrimination claim.
For example, referring to someone as an ‘old timer’ can be direct evidence of age discrimination. Then, if an email were to surface in which the company writes that it is ʺlooking for young sharksʺ to become junior salespeople, well that’s not got either.
Except, here’s the thing. Continue reading
Filling out those EEO-1s stinks. But, it could be worse…
I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference.
So, today’s post is chock full of recent EEOC news and notes. Continue reading
When it comes to avoiding claims of age discrimination, consider the optics
Photo via Good Free Photos
For example, consider a lawsuit that the U.S. Equal Employment Opportunity Commission filed a few weeks ago. Continue reading
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
Will this time be the charm for some workplace bills recently reintroduced in Congress?
David Maiolo [CC BY-SA 3.0], via Wikimedia Commons
Continue reading
Appellate court rules that age discrimination against certain job applicants is okay — sort of.
Image Credit: Pxhere.com (https://pxhere.com/en/photo/1445849)
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?
Continue reading
From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?
Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/)
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
It’s unanimous! Supreme Court rules that any public-sector employee 40 years or older may file an age-bias claim
Lest you think that eight Supreme Court Justices — Justice Kavanaugh did not participate — can never see eye-to-eye on how to resolve an employment law issue. Continue reading
