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 […]

Bulletin Item: U.S. Supreme Court Takes On Age-Bias Case

The U.S. Supreme Court will decide whether age-neutral policies violate the Age Discrimination in Employment Act (ADEA) if they adversely impact older workers. The federal appeal courts are split as to whether “disparate impact” claims—which allege that a neutral policy or practice had an adverse, although unintentional, impact on a protected group—are permitted under the […]

Age Discrimination: U.S. Supreme Court Says ADEA Doesn’t Bar “Reverse” Age Bias

Courts have long acknowledged the validity of reverse discrimination cases when gender or race is concerned. But the validity of a reverse age bias claim has been less clear. In particular, could a worker in the over-40 protected class bring an age discrimination lawsuit if an older employee was favored at work? According to a […]

Age Bias Claims: EEOC Clarifies Rules For Challenging ADEA Waivers

It’s not uncommon for employers to offer older workers early retirement or severance benefits in exchange for having them waive potential age-bias claims they might have under the federal Age Discrimination in Employment Act (ADEA). But employees sometimes have second thoughts—after they have accepted the benefits. Now the Equal Employment Opportunity Commission has issued new […]

Severance Agreements: Older Worker Who Signs Release Can Still Sue You; Supreme Court Rules

Once a terminated employeehas signed a release promising not to sue and has cashed theirseverance check, you probably think you are free from their legalclaims against you. In most cases, you’d be right. But you couldbe in for an expensive surprise if the employee is 40 years orolder and your paperwork isn’t perfect. That’s because […]