Tag: ADEA

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 […]

Revisiting General Releases

In brighter economic times, most employers say goodbye to employees only following individual resignations or terminations. But as more and more employers are becoming acquainted with the new “L” word—Layoffs—employees are departing in larger numbers and for different reasons. This makes now a good time to revisit those general releases that employees are asked to […]

Important Labor and Employment Decisions Pending Before the Supreme Court

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some

When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can be hazardous for employers, which may find themselves tiptoeing through a minefield of explosive discrimination lawsuits. In the case below, recently decided by the Tenth U.S. Circuit Court […]

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 […]

Retirement Benefits: EEOC Allows Employers to Coordinate Retirees’ Health Benefits with Medicare

A new U.S. Equal Employment Opportunity Commission (EEOC) rule gives employers some relief regarding their ability to reduce or eliminate retirees’ healthcare benefits once they become eligible for Medicare. Such a reduction or elimination will not violate the Age Discrimination in Employment Act (ADEA), the federal statute that prohibits age-based discrimination, the new rule states. […]

High Court Defines ‘Charge’ in Age Discrimination

The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]