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Age Discrimination › Retirement

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit: Employee-Driven Talk About Retirement Does Not Prove Employer’s Discriminatory Pretext

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court of Appeals for the Sixth...more

Cole Schotz

Amendments to the New Jersey Law Against Discrimination Expand Employment Protections Against Age Discrimination

Cole Schotz on

On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Expands Law Against Discrimination to Address Age Discrimination

Greenbaum, Rowe, Smith & Davis LLP on

What You Should Know: •New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees •New Jersey government or state employers no longer have the authority to enforce...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

Allen Matkins

Mandatory Retirement Policies And California Law

Allen Matkins on

In yesterday's Mentor Blog, Liz Dunshee asked whether mandatory retirement policies are a thing of the past. This led me to question whether age discrimination of this sort is even legal in California. Asking about, I...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

Allen Matkins

Do Mandatory Retirement Age Requirements For Directors Violate California Law?

Allen Matkins on

While the Securities and Exchange Commission requires disclosure of the ages of directors (Item 401(a), Regulation S-K), it does not impose any age limitations on directors. Nonetheless, many public companies have adopted...more

Hogan Lovells

Employment news - March 2018

Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...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

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...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

BakerHostetler

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

BakerHostetler on

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

U.S. Equal Employment Opportunity Commission...

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

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