Tag: Age Discrimination

Is there harm in asking? Questioning employees about their plans to retire

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 […]

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New ‘Kid’ on the Block Fires Longtime Employee and Sends Age Discrimination Claim to Trial

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 […]

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age discrimination

7th Circuit: No ADEA Liability for Terminating Retirees Because of Benefit Costs

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.

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Disability bias verdict provides 4.5M reasons to check your policies

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 […]

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Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 2

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.

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The digital natives are restless

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 […]

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Benefits beyond age 65?

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 […]

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Biased bias: when protected classifications intersect

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 […]

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