Tag: Age Discrimination

Grudge Match: Long-Simmering Resentment Stokes Age Bias, Retaliation Claims

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor […]

Age Discrimination: Third Circuit Confirms Age Is Just a Number

On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show her employer’s nondiscriminatory reasons for not hiring her were “so plainly wrong that it cannot […]

Workplace Investigations: Leveraging the ‘Honest-Belief Rule’

Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the […]

Interview

Age Discrimination 101: Interview Tips

Most of us are well aware that age discrimination is illegal. The Age Discrimination in Employment Act (ADEA) made this law, prohibiting employment discrimination for anyone over age 40. However, despite employers being aware that age discrimination is illegal, it still happens, sometimes inadvertently.

Name, Sex, and (Not) DOB? Connecticut Bill Could Ban Asking About Age

In January, Connecticut joined the growing lists of states that have banned employers from asking about an applicant’s salary history. Now, during the state’s 2019 legislative session, a new bill is making the rounds that could ban Connecticut employers from inquiring about an applicant’s age.

U.S. Supreme Court to Arizona Fire District: Size Doesn’t Matter

Last year, Arizona found itself at the center of the first opinion of the new U.S. Supreme Court term. The opinion, authored by the Court’s oldest member, Associate Justice Ruth Bader Ginsberg (86), took on the issue of whether state and local governments with fewer than 20 employees can be sued for age discrimination. With […]

What Is POWADA?

Age discrimination in employment is a problem the law seeks to address—specifically with the Age Discrimination in Employment Act (ADEA) from 1967. This seems all well and good, except that recent legal interpretations and assessments of that act have found that it leaves some vulnerabilities.

Is it Against the Law to Target Job Ads at Younger Workers?

One of the primary functions of a Human Resources department is to be aware of and ensure compliance with a wide range of laws and regulations involving workplace conduct, such as sexual harassment and various forms of discrimination.

job

Is it Against the Law to Target Job Ads at Younger Workers?

One of the primary functions of a Human Resources department is to be aware of and ensure compliance with a wide range of laws and regulations involving workplace conduct, such as sexual harassment and various forms of discrimination.