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Age Discrimination › Retirement › Age Discrimination in Employment Act

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 -
Constangy, Brooks, Smith & Prophete, LLP

Respect your elders.

Constangy, Brooks, Smith & Prophete, LLP on

It's the law. Did you know that this Monday, August 21, is National Senior Citizens' Day? Neither did I. But it is! How are you going to spend National Senior Citizens' Day? I was thinking about playing shuffleboard,...more

Parker Poe Adams & Bernstein LLP

Discussion of Employee's Impending Retirement Not Evidence of Age Discrimination

Parker Poe Adams & Bernstein LLP on

It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more

Fisher Phillips

Healthcare Employers Beware: Are Late Career Practitioner Policies Discriminatory?

Fisher Phillips on

As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more

Baker Donelson

Can Your Corporate Flight Department Match the FAA's Requirement for Commercial Pilots to Retire at Age 65?

Baker Donelson on

Can an employer impose a maximum age requirement for pilots operating private aircraft under Part 91 of the Federal Aviation Regulations (FAR) to retire at age 65 similar to that imposed by the Federal Aviation Administration...more

Roetzel & Andress

Employment Decision Based On Employees’ Years Of Service Does Not Necessarily Violate ADEA

Roetzel & Andress on

Gone are the days where an employer can take action, such as force an employee to retire, simply because the employee has reached a certain age. But, is it necessarily a violation of the Age Discrimination in Employment Act...more

FordHarrison

Ben Affleck’s Batman is Retiring His Cape: What About Your Employees?

FordHarrison on

I waded through a slew of this week’s entertainment, past a bunch of Kardashian-related bunk, and noticed an announcement that Ben Affleck is retiring from playing Batman. Of course, Batman, and his long-suffering pals Robin...more

Akerman LLP - HR Defense

Avoiding Age Discrimination Claims During Succession Planning

Akerman LLP - HR Defense on

As “baby boomers” come of retirement age, employers may find themselves between a rock and a hard place: they can either ask employees about their retirement plans and risk being accused of age discrimination, or they can...more

Littler

Seventh Circuit Opines on "Reasonable Factor Other Than Age" Defense to ADEA Claim Stemming from Benefit Plan Elimination

Littler on

The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more

Fisher Phillips

Healthcare Industry Sees Increase In Age Discrimination Claims

Fisher Phillips on

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the...more

K&L Gates LLP

When can a mandatory retirement age be justified?

K&L Gates LLP on

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

Akerman LLP - HR Defense

Urging An Employee To Retire Is Not Necessarily Evidence Of Age Discrimination

Akerman LLP - HR Defense on

Mandatory retirement is generally unlawful under the Age Discrimination in Employment Act. So when an employer urges an employee to retire, isn't this evidence of age discrimination that an employer should avoid? Not...more

Littler

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

Littler on

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

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