Age Discrimination

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
News & Analysis as of

Federal Judge: Did Employer Use Experience Requirement to "Weed Out" Older Workers? Maybe.

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” I add: “Until your employer cares. Then it matters.”...more

AFL “list management” – a polite term for age discrimination?

As the Australian Football League 2016 pre-season approaches, there is a lot of talk in the media about “list management” by clubs. This generally involves retiring or trading “older” players – usually over the age of 28....more

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

T.J. Simers $7.1 Mill Discrimination Verdict: Post-Game Wrap-Up

Wednesday night the Los Angeles jury hearing the age and disability discrimination case of former sports columnist T.J. Simers came back with a verdict in his favor of $7.1 million, consisting of retro and future lost income,...more

BREAKING: T.J. Simers Awarded $7.1 Million!

Based on the information I had, I felt that this should have been a summary judgment case for the Los Angeles Times. But the jury in Los Angeles did not agree. Law360 (and some of our readers – thank you!) reports that the...more

Employment Law Letter - Fall 2015

Workplace Speech Protections Refined by Connecticut Supreme Court. We don’t generally report on developments that will likely be of more interest to lawyers than clients, but a recent decision from our state’s Supreme...more

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

T.J. Simers Discrimination Trial: We Thought He’d Never Rest!

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We’re providing regular coverage and analysis of the jury...more

Does Your Defined Benefit Plan Need to be Amended Before Year-End?

The deadline for amending hybrid defined benefit plans to comply with recent changes in applicable law is the last day of the 2015 plan year – December 31, 2015, for calendar year plans. The IRS issued final regulations on...more

Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more

Companies Can Claim Discrimination

In EAD Solicitors LLP v Abrams UKEAT/0054/15/DM, the Employment Appeal Tribunal (EAT) considered whether an age discrimination claim could be brought by a company rather than an individual....more

T.J. Simers Discrimination Trial: At Last, The “Ethical Breach”!

Last week, I mentioned that I still didn’t really understand what “ethical breach” Mr. Simers had allegedly committed, and I threw out a request for help from someone (anyone?) with a media background....more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

T.J. Simers Discrimination Trial: “He Lied, And He Went Too Far!”

Mr. Simers’ attorneys called at least two Times executives to the stand this week as adverse witnesses. One, who was the newspaper’s Human Resources director in 2013, testified that Mr. Simers lied when he told Times...more

Employee’s “Trick” Results in a Halloween Bag of Rocks From the Jury

In prior blog articles, we’ve sought wisdom from Sun Tzu, an audit of Santa’s Workshop, a theoretical application of the faithless servant doctrine to A-Rod, and Pooh Corner for some Zen advice on day-to-day employment...more

T.J. Simers Discrimination Trial: Has He Folded Under Questioning?

T.J. Simers was in the hot seat for most of this week, being cross-examined by the attorneys for his former employer, the Los Angeles Times. News coverage of the trial has been a little sparse, but here’s what I’ve got...more

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

New Mexico Department of Corrections Sued by EEOC for Age Discrimination and Retaliation

Older Workers Suffered Unequal Treatment and Retaliation for Complaining, Federal Agency Charged - ALBUQUERQUE, N.M. - The New Mexico Department of Corrections (NMDOC), which operates correctional facilities throughout...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

EEOC Sues Glenwood Fire Company, Long Island Towns and Villages for Age Discrimination

No Service Credit for Older Workers, Federal Agency Charges - NEW YORK - Glenwood Hook & Ladder, Engine & Hose Company, Inc., along with several towns and villages in Long Island, are in violation of federal law because...more

EEOC Sues City of Milpitas for Age Discrimination

City Manager Passed Over Qualified Applicants for Executive Secretary Position Due to Their Age, Federal Agency Charges - SAN FRANCISCO - The City of Milpitas in California's Silicon Valley violated federal law by...more

225 Results
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.