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Age Discrimination › Retirement › Employer Liability Issues

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 -
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

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

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

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

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

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

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