Tag: Age Discrimination

High Salary + RIF = Age Discrimination Claim

By Robert P. Tinnin, Jr. Q As a result of the economic downturn, we must lay off approximately half of our workforce. In considering whom we should select, it occurs to me that we could save the most money by laying off higher-salaried, nonmanagement employees. However, our higher-salaried employees tend to have the most seniority […]

EEOC Vows Renewed Vigilance Against Age Discrimination

The big news last fall from the Equal Employment Opportunity Commission (EEOC) was that  for the first year in history, retaliation claims had surpassed race discrimination claims as the most filed complaint in 2010. But the sleeper issue employers could be grappling with very soon is a significant increase in age discrimination claims. Recently the […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

Do Your Benefit Plans Violate the ADEA?

by Stephen Stine We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

EEOC Proposes Rules Defining ‘Reasonable Factor Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has proposed regulations that would define “reasonable factor other than age” under the Age Discrimination in Employment Act (ADEA). The need for these rules arises in the wake of the Smith v. City of Jackson decision, a 2008 U.S. Supreme Court case in which the Court addressed the appropriate […]

Mandatory Retirement Being Retired across Canada

Mandatory retirement has a long and storied history as part of the Canadian labor system. As we enter 2010, it appears that a new chapter is being written, one in which mandatory retirement is the exception rather than the norm. In Canada, mandatory retirement developed along with the introduction of private and public pension plans. […]

Tips for Minimizing Risk When Cutting Labor Costs

by Mark Wiletsky Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if […]