Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009, the U.S. Supreme Court clarified in Gross v. FBL Financial Services that plaintiffs bringing ADEA claims must prove that age was the “but for” cause
Is “OK, Boomer” OK?
In January, Supreme Court Chief Justice John Roberts drew considerable media attention by asking, during the oral argument of an age discrimination case, Babb v. Wilkie, a question about the relevance of the phrase “OK, Boomer.” A Google search of “Chief Justice OK Boomer” will reveal articles from almost every serious media outlet putting
Florida Jury Puts the Hammer Down on Mercedes Dealers in Disability Discrimination Dispute
Bill Egan writes:
Aside from whistleblower and highly offensive sexual harassment cases, there may be no claim that elicits the protective instincts of the average jury more than disability discrimination cases, especially where the disability is cancer-related. Employees with disabilities who are terminated without
Fifty and Fabulous
We have spoken frequently about age discrimination cases on this blog. Whether it be “code words” being used or more direct comments on age, these can all be part of a claim of discrimination. Before anyone questions this post, I just want you to know that the idea for the post came from my assistant
“A Bar Too High” And Other Pretexts For Discrimination
Reorganization, reduction in force (“RIF”), merger of departments – these are only a few reasons which employers give when firing an employee – and which is frequently alleged to be — and found to be a pretext in violation of Title VII, the ADEA or other anti-discrimination laws.
And also setting a performance bar too
Employers: Don’t Forget That Employees Must Mitigate Damages
We have written little about the requirement in Title VII (and the other anti-discrimination laws) that a plaintiff-employee has a duty to mitigate damages. This may be because many lawyers backburner this issue in their zeal to deal with the merits of a case, or perhaps they ignore (repress?) this issue because it presupposes that
“We’re On The Hunt For Young, Fit And Competent Employees”
We recently posted that the BBC reported that numerous age discriminatory ads appear on the UK government’s Universal Jobmatch website, seeking “recent graduates” or “young graduates.”
One UK ad read: ”We are always looking to recruit talented, ambitious young people who may fit well into one of our progressive thinking departments such as media, including
“Senioritis”
We have compiled a long list of words or terms used by employers to describe older employees — which the employees have later used in court as direct evidence of age discrimination under the ADEA.
Add another word to the list, which includes “ancient,” “old school,” “set in his ways,” “not a proper fit for
76-Year Old Employee Told To “Hang Up His Superman Cape” Loses Age Case On Appeal
Way back in September 2013 we wrote that age cases would not be age cases if not for the vast number of creative ways employers refer to employees as “old.”
We reported on cases in which the following terms were used: “ancient,” “old school,” “set in his ways,” “not a proper fit for the “new
UK Government Job Website Ads Seek “Ambitious Young People”: Anyone See A Problem?
The BBC has just reported that numerous age discriminatory ads appear on the UK government’s Universal Jobmatch website, which is used by millions seeking jobs.
“Recent graduates” are sought in ads by hundreds of employers, such as “My client is recruiting a recent graduate to join their extremely busy team. You should be looking for