Tag: Age Discrimination in Employment Act

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

Can Employers Discriminate Against Younger Workers?

by Hillary J. Collyer Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot […]

New Legislation Would Make Proving Age Discrimination Easier

Democrats introduced a new bill yesterday that would make it easier for employees to win age discrimination lawsuits under the Age Discrimination in Employment Act (ADEA). Three congressional committee chairmen — Representative George Miller (D-California), Senator Tom Harkin (D-Iowa), and Senator Patrick Leahy (D-Vermont) — introduced the Protecting Older Workers Against Discrimination Act, a bill […]

Supreme Court Affirms Arbitration for Union Member Discrimination Claims

A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be […]

A New Twist on Discrimination in Hiring

Here’s the scenario: As the human resources director for your company, you’re asked to sit in on the selection process for your company’s next CEO. After an intense screening process, you have three candidates to be the next leader of your company — a white male in his early 70s, a male in his 40s […]

Incentive Packages Must Comply with OWBPA

by Susan Hartmus Hiser Q: Our company is downsizing its operations, and we would like to offer an incentive package to certain employees as an inducement to leave voluntarily. If we do, can we obtain a release of all claims from the employees who accept the incentive package? HR Guide to Employment Law: A practical […]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

by John Vering On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus far in 2008, payroll employment has […]

Lordy, Lordy, the Age Discrimination in Employment Act Turns 40

by Boyd A. Byers Forty is a mystical number in many cultures. In ancient Babylonia, the number was known as kissatuin, meaning “the excellent quantity.” The great flood described in the Bible resulted from 40 days and 40 nights of rain. Forty is the only number, when spelled out in English, whose letters are in […]