Category Archives: Age Discrimination
Age Discrimination In A Reduction In Force: Is Replacing An Older Employee Evidence Of Age Discrimination?
The Age Discrimination in Employment Act (ADEA) protects employees from discrimination on the basis of age. As the U.S. Seventh Circuit Court of Appeals observed in Graefenhain v. Pabst Brewing Co., 827 F.2d 13 (7th Cir. 1987), the U.S. Congress enacted the ADEA “because many employers or younger business executives act as if they… Read More »
Court Finds Employer’s Identifying & Then Eliminating Allegedly Biased Employee As A Decision-Maker Gets Age Discrimination Case To A Jury
In the employment discrimination context, courts have broadly defined a decision-maker as an individual who was involved in or participated in the challenged employment decision. Thus, a decision-maker for an employment decision is not limited to the individual who “pulled the trigger” or ultimately made the decision. Courts have held that an impermissible bias… Read More »
Can Employment Decisions Based On Proximity To Retirement Constitute Age Discrimination?
In Hazen Paper Co. v. Biggins, 507 U.S. 613 (1993), the U.S. Supreme Court explained that Congress’ passage of the Age Discrimination in Employment Act (ADEA) “was prompted by its concern that older workers were being deprived of employment on the basis of inaccurate and stigmatizing stereotypes.” As the U.S. Supreme Court stated in… Read More »
Are Employees Protected From Retaliation When Turning Over Documents Reflecting Employer Age Discrimination To A Lawyer?
Employment discrimination laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), contain anti-retaliation provisions. One anti-retaliation provision is known as the “opposition clause,” the other as the “participation clause.” The opposition clause protects employees from… Read More »
Whether Age-Related Remarks Are Offensive Is For The Jury To Decide
Age-related remarks by supervisors or managers are often the most compelling evidence establishing that an employment decision was motivated by an employee’s age. The evidentiary value of age-related remarks is heighted when they are made by a person involved in the challenged employment decision. Nonetheless, some courts attempt to characterize age-related remarks in the… Read More »
Rash of Employment Discrimination Lawsuits Filed against FAMU
A local university has been the target of numerous lawsuits in recent months, all claiming that the school has treated its older, female, and minority employees unfairly on the job. Three of these lawsuits in particular make serious allegations of unfair wrongful termination and harassment. In August of 2016, Glenda McDougall filed a lawsuit… Read More »
EEOC Settlement Obtains Free Job Training For Attorneys Age 60 Or Older In Age Discrimination Case
The Age Discrimination In Employment Act (ADEA) prohibits discrimination against employees and job applicants age 40 or over. In a recent age discrimination case, the U.S. Equal Employment Opportunity Commission (EEOC) obtained a novel settlement by requiring Strategic Legal Solutions, a New York based legal employment agency, to provide free employment training for attorneys… Read More »
Does A Mandatory Retirement Age Violate The Age Discrimination In Employment Act?
The Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment against individuals who are at least 40 years of age. Under the ADEA, employers are not permitted to make employment decisions on the basis of an individual’s age. The prohibited employment practices under the ADEA include discriminatory discharge, failure to hire, demotion, failure… Read More »
Employers Are Forbidden From Making Employment Decisions Based On Age Stereotypes
The Age Discrimination in Employment Act (ADEA), which is federal law, and the Florida Civil Rights Act, which is Florida law, forbid employers from making employment decisions on the basis of age stereotypes. As explained by the U.S. Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 613 (1993), “Congress’ promulgation of the… Read More »
Does An Employer Violate The Age Discrimination In Employment Act When It Terminates An Employee For Reaching An Age That Is Over 40 Years Of Age?
The Age Discrimination in Employment Act (“ADEA”) prohibits discrimination in employment against individuals who are at least 40 years of age. Under the ADEA, employers are not permitted to make employment decisions on the basis of an individual’s age. The prohibited employment practices under the ADEA include discriminatory discharge, failure to hire, demotion, failure to… Read More »
