Why people hate lawyers

Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing will look unflattering on your over-40-year-old body. Do you... 1. Look for a different job? 2. Apply anyway and deal with the requirements? 3. Sue for age...

Employee Suing for Age Bias Claims Judge is Too Old to Preside

From the sublime to the ridiculous, the NY Daily News reports here that a 60-year-old musician suing for age discrimination claims that the presiding 88-year-old Manhattan judge is too old to hear the case. According to the NY Daily News story, the plaintiff, who was representing himself before...

Will Ya Just Retire Already? No, but I'll Sue For Age Discrimination

Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee's retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you...

What Does Independence Day Really Mean?

To most of us, the 4 th of July means a day off from work spent with family and friends, perhaps going to a parade, having a barbeque or watching fireworks. But Independence Day signifies so much more. It not only honors the birthday of our country, but the adoption of the Declaration of Independence...

It's tough to prove age bias after getting caught sleeping on the job

I was reading this Third Circuit decision yesterday about an employee who got demoted for sleeping on the job, and all I could think of was Homer Simpson . For not unlike Homer J., a nuclear safety technician, this employee was responsible for monitoring his plant's equipment to prevent malfunctions...

Sleeping at Work Probably Won't Help Plaintiff's Discrimination Claim

Last week, the Third Circuit released its opinion in Vasbinder v. Dept. of Veterans Affairs (opinion here) .The plaintiff was a boiler plant operator, responsible for continuously monitoring the plant's equipment to prevent malfunctions that could result in explosions, property damage, interruptions...

Five sure-fire ways to get an age-based harassment complaint

I conducted harassment training this week for a client, and, interestingly, the attendees of all ages seemed to be more curious about age-based harassment than any of the other categories we discussed. Meanwhile, there has been a debate on the internet this week that is of grave concern to us all...

Benefits During the Notice Period

Terminating an employee's employment without cause in Canada comes at a price. The various employment acts and codes set out the requirements for termination notice or pay in lieu of notice (and in Ontario and federal workplaces, severance pay in addition to termination pay). The required termination...

What is main reason to limit access to social media profiles in hiring? EEO information, of course.

In Neiman v. Grange Mutual Casualty Co. (C.D. Ill. 4/26/12) [ enhanced version available to Lexis.com subscribers ], the plaintiff claimed that he was not hired for a position because of his age. The employer argued that it could not have considered the plaintiff's age because it had no idea how...

U.S. Supreme Court Agrees to Hear Government Workers’ Age Bias Appeal

WASHINGTON, D.C. - The U.S. Supreme Court this morning agreed to hear the appeal of a Seventh Circuit U.S. Court of Appeals ruling that state and local government employees may bring age discrimination claims directly under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution...

Age Discrimination and Severance Claims Sustained Against Quest Diagnostic Corporation

In a case claiming age discrimination and interference with severance benefits, plaintiff Theresa Seibert recently defeated Quest Diagnostics's motion for summary judgment. The New Jersey District Court action alleges that, after more than twenty-five years as a member of the company's...

Can We Please Fix Ohio’s Age Discrimination Law?

It's no secret that Ohio's age discrimination statute is a hot mess . The statute has four different ways a plaintiff can file an age claim against an employer, each with a different statute of limitations and available remedies. What's more, the statute requires that the plaintiff elect...

A Supervisor's Swine Flu Death Wish on an Older Employee Leads to an Age Bias Claim

Yesterday, our guest blogger offered three tips for successful onboarding . Unable to match that, today, I have a less than successful way to encourage attrition -- unless of course you like defending age discrimination claims. A federal court has permitted a plaintiff's claims that his ex...

6 Keys to Having Your Age Discrimination Release Hold up in Court

You're about to have a reduction in force and you're going to offer a severance package to those effected: one week of salary for every year of service in exchange of a full release of all claims. If one or more employees affected by the reduction in force is 40 years of age or older, you'd...

U.S. High Court Hears Arguments in Government Worker’s Age Bias Appeal

WASHINGTON, D.C. — (Mealey’s) The U.S. Congress never intended, when it extended age bias administrative and judicial procedures and remedies to government employees, to permit state and municipal workers to “frustrate this regime or bypass it entirely using the more general remedies...

U.S. Supreme Court Dismisses Government Worker’s Age Bias Appeal

WASHINGTON, D.C. — The U.S. Supreme Court this morning in a per curiam , one-sentence decision dismissed the appeal of a government worker’s age discrimination case “as improvidently granted” ( Lisa Madigan, et al. v. Harvey Levin , No. 12-872, U.S. Sup.; See October 2013, Page...

Madigan v. Levin: Supreme Court Decides to Drop Consideration of Whether Section 1983 Age Claim Exists

Federal appellate courts have agreed that an allegation of age discrimination cannot be brought as a Section 1983 claim. In Levin v. Madigan, the Seventh Circuit held that an age claim under Section 1983 is viable. In March 2013, the Supreme Court agreed to address this issue. Eight days after hearing...

Age Discrimination Against Older Job Applicants

The United States Government Accountability Office (GAO) addressed age discrimination against older job applicants in a 2012 report titled: “ Unemployed Older Workers: Many Experience Challenges Regaining Employment and Face Reduced Retirement Security .” Almost all of the workforce professionals...

Jury Awards $1.5M+ Against IBM in Age Discrimination Case After Faulty Internal Investigation Precluded from Evidence

A federal jury in Connecticut returned a unanimous verdict awarding a total of $1,499,891.70 to a man terminated by IBM when he was 61 years old. The jury also found that IBM “knew or showed reckless disregard for whether its termination of [the employee] constituted age discrimination.”...

Age Bias Not Enough to Prevail Under ADEA

The Age Discrimination in Employment Act ("ADEA") prohibits an employer from discriminating against an employee on the basis of age. To prevail on an ADEA claim , it is not enough to show that a supervisor was biased against older employees. A successful plaintiff needs to show that she suffered...

Employment Litigation Lottery: IBM Steps Away

Is IBM crazy, or just crazy like a fox? Bloomberg BNA reported this week that IBM has stopped providing the “disclosures” required by the Older Workers Benefit Protection Act when it hands out severance packages. As you know, when an employer has a “group termination” —...

Direct Evidence of Age Discrimination and the Sixth Circuit

The Sixth Circuit recently reviewed an appeal from the grant of summary judgment in an action where a principal of a high school alleged his contract was not renewed because of his age. In Scheick v. Tecumseh Public Schools , the court reversed the summary judgment and reviewed the significance of three...

Age Discrimination: New Wrinkles on the Face of an Old Law

The gist of the Age Discrimination in Employment Act of 1967 (ADEA), while chockablock with numerous and sundry nuanced provisions, remains alive and kicking: “Bosses can’t fire Grandpa for being old.” While the essence survives, application of the Act in the workplace and litigation...