by Michele L. (Warnock) Brott Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries. Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in […]
Tag: Age Discrimination
What do you get when a new supervisor in his late 20s begins managing a longtime employee who is 36 years his senior, begins documenting the employee’s alleged performance deficiencies while still giving him “meets expectations” reviews, and places the employee on a performance improvement plan (PIP) that results in his firing? An age discrimination […]
The U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits.
The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently heard a dentist’s claim that her discharge constituted age discrimination. What did the court decide?
by Jeffrey D. Slanker A recent case from Central Florida highlights the importance of maintaining and properly implementing updated and compliant equal employment opportunity and antidiscrimination policies. The case involved disability discrimination claims, and a jury ultimately found in favor of the employee and rendered a $4.5 million verdict. The case is a reminder of […]
As you’ll recall in part one of this article, “Willow” a cancer survivor with long-lasting side effects, was terminated from her position at Medtronic. Medtronic cited poor performance, among other reasons, in its decision to terminate Willow. After a district court ruled in Medtronic’s favor, Willow appealed to the 8th Circuit.
by Cindy Switzer In a recent decision – Peterson v. The Mutual Fire Insurance Company of BC, 2017 BCHRT 21 (CanLII) – the British Columbia Human Rights Tribunal considered whether a corporate director who was told he could not serve a second term on the company’s board because he was over 69 years old, ought […]
by Mark I. Schickman Age discrimination threatens to be the most prevalent employment claim of the next decade. Baby Boomers are being forced out of the workplace in droves, while Millennials are reaching 40, the bottom rung of the protected class. Expect lawsuits from Millennials as they are squeezed between Baby Boomers reluctant to vacate […]
By Marc Rodrigue The laws that generally provided for mandatory retirement in Canada have been eliminated. Across Canada, with very few exceptions, employees generally cannot be forced to retire at age 65. But can their benefits be cut off at age 65? Even if employers are permitted to cut off benefits to workers 65 and […]
by Connor Beatty If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen […]