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Hiring discrimination claims: 5 ways to stay out of hot water

Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Preferred pronouns and the aging workforce

What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Respect your elders.

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

Rule 1 in beating an age claim: Get your story straight.

Inconsistencies were fatal to this employer. It's a well-established principle in discrimination law that an employer can be done in by "shifting explanations" for actions taken against an applicant or employee. A recent...more

I got fired at age 60. Must have been my age.

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Is faxing a reasonable accommodation?

Remember faxes? I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more

An OWBPA kick in the pants

Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more

ABCs of employment law: Discrimination

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

"Sweet Six" Ways An Employer Can Win At The EEOC

Here's the "carrot," after last week's "stick." Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more

They May Regret This decision.

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

EEOC Issues Update On Coronavirus And Discrimination Laws

And, remember those wellness regulations? New ones are in progress. Yesterday the Equal Employment Opportunity Commission updated its FAQs on coronavirus and discrimination. For those who are already familiar with the...more

"OK Boomer" -- Harmless, Or Harassment?

C'mon, Boomers - lighten up! The always-excellent Walter Olson of Overlawyered laments that the employment world is so heavily regulated that an employer can get in trouble for failing to act when a Millennial uses the...more

Second-Guessing The Advice Columns: Get Off My Lawn!

Millennials, can you relate to your older co-workers? Everybody and their dog has workshops these days on how older workers should relate to Millennials. That's a fine idea, but does anyone ever offer a workshop to...more

10/4/2019  /  ADEA , Age Discrimination , Harassment

This Is Evidence Of Age Discrimination?

Not sure I'm buying it. Two out of three judges on a panel from my own U.S. Court of Appeals for the Fourth Circuit recently affirmed a jury verdict in favor of a woman who claimed that she was terminated because of her age....more

Do Arbitration Agreements Have To Comply With The OWBPA?

I can't imagine why they would. In 2014, I blogged that IBM Corporation had made a conscious decision in its separation agreements to quit including the disclosures required by the Older Workers Benefit Protection Act....more

No "Disparate Impact" Claim For Older Applicants, Court Says

Another chapter in a continuing saga. I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who...more

Should The OWBPA Protections Apply To Under-40s, Too?

An argument can be made. To get a legally valid release of age discrimination claims under federal law, the release must be "knowing and voluntary." The federal Older Workers Benefit Protection Act says that a release of age...more

Job Applicants Have Disparate Impact Claim Based On Age, Court Says

An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a "disparate impact" claim under the federal Age Discrimination in...more

Catholic Priest Is (Allegedly) An Equal Opportunity Offender, Court Says, Dismissing Bias Suit

Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school — illustrates why an (alleged) “equal opportunity offender” is...more

"Overqualified,” Or Just Too Old?

Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d...more

Employers, I’m On Your Side — So Watch Out! ;-)

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget...more

For The ADEA’s 50th Birthday: An Age Discrimination Quiz

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn’t look a day over 49). This calls for an age discrimination quiz!...more

Queen For A Day: If I Ran The World, Would I Scrap Our Employment Laws?

For those of you who don’t know Mr. Olson, he’s a libertarian. :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more

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