Screening Candidates with Too Much Experience a Potential ADEA Violation
Can screening a candidate because they have too much experience become a legal problem? According to the U.S. Court of Appeals for the 7th Circuit, yes it can.
Tag: Age Discrimination
Making Social Media Work for You—Not Against You—in Recruiting for Diversity
Achieving a diverse workforce and learning how to use social media to recruit talent are two common goals for employers. Sometimes, though, the two objectives can work against each other. Gone are the days when employers would specify an age, gender, or other characteristic in a newspaper help-wanted ad. Today’s social media-aided recruiting opens a […]
Digital Discrimination: Targeted Ads Don’t Reach All Potential Applicants
“Help Wanted” ads have evolved significantly since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967—from classified ads in the local newspaper, to listings on company websites and online jobs sites like ZipRecruiter.com and Indeed.com. With the recent advent of advertising on social media platforms, the recruiting landscape has changed even further. […]
Are Your Interviews Safe from Age Discrimination?
In yesterday’s Advisor, we took at look at some ways to avoid age discrimination in job posts and in the job application. Now let’s continue by looking at ways to avoid age discrimination during the interview.
Is There Harm In Asking? Questioning Employees About Their Plans to Retire
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 Employment Act (ADEA) applies to […]
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 […]
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.
Does Dentist’s Age Discrimination Claim Stand a Chance Under the ADEA?
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?
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 […]
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.