by Mark I. Schickman Age discrimination threatens to be the most prevalent employment claim of the next decade. Baby Boomers are being forced out of the workplace in droves, while Millennials are reaching 40, the bottom rung of the protected class. Expect lawsuits from Millennials as they are squeezed between Baby Boomers reluctant to vacate […]
Tag: Age Discrimination
By Marc Rodrigue The laws that generally provided for mandatory retirement in Canada have been eliminated. Across Canada, with very few exceptions, employees generally cannot be forced to retire at age 65. But can their benefits be cut off at age 65? Even if employers are permitted to cut off benefits to workers 65 and […]
by Connor Beatty If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen […]
by Robert Kaiser There is a common belief in the marketplace that it’s harder to find a job if you are over 50. However, it’s difficult to establish whether that’s true, and there are many advantages to hiring a mature employee. But a recent case decided by the U.S. 8th Circuit Court of Appeals (whose […]
by Allison B. Wannop It is undeniable that the American workforce is getting older or, shall we say, more mature. In The Aging U.S. Workforce, the Stanford Center on Longevity estimates that by 2020, workers 55 and older will make up a quarter of the U.S. labor force, up from 13% in 2000. As the […]
Two recently filed EEOC lawsuits reveal that severance packages are even trickier than we thought, says Attorney Joel Van Parys. It’s fine to use a template for these agreements, but it is also important to look at them individually.
Van Parys, who is with Carothers DiSante & Freudenberger LLP in Sacramento, offered his tips at the SHRM Annual Conference and Exposition held recently in Orlando. Recent EEOC Actions Two recently filed lawsuits, in which severance agreements were called overly broad and unenforceable, may help employers fashion their own severance agreements, says Van Parys. EEOC […]
by Jonathan C. Sterling Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn’t abide by company policy, doesn’t meet deadlines, and has […]
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old? Those were questions recently put […]
No employer wants to be accused of discrimination. Employers strive to treat employees fairly and act without improper bias. To do this and also remain in legal compliance, it’s more important than ever to understand the various laws that protect employees from different types of discrimination.