Tag: Age Discrimination

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

New Legislation Would Make Proving Age Discrimination Easier

Democrats introduced a new bill yesterday that would make it easier for employees to win age discrimination lawsuits under the Age Discrimination in Employment Act (ADEA). Three congressional committee chairmen — Representative George Miller (D-California), Senator Tom Harkin (D-Iowa), and Senator Patrick Leahy (D-Vermont) — introduced the Protecting Older Workers Against Discrimination Act, a bill […]

EEOC Hearing Highlights Impact of Age Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing on July 15 to review recent developments under the Age Discrimination in Employment Act (ADEA). The panel discussed the effects of widespread layoffs, threats to employee benefits, and controversial recent court decisions on older workers. The panelists testified in detail about the damaging effect […]

Supreme Court Affirms Arbitration for Union Member Discrimination Claims

A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be […]

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 […]

Congress Approves Equal Pay Bill

Both chambers of Congress have approved legislation that will extend the deadline for filing a pay-bias complaint under Title VII of the Civil Rights Act of 1964. The House voted 250 to 177 in favor of the Lilly Ledbetter Fair Pay Act (S 181) today. The Senate approved the legislation last week. President Barack Obama […]

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 […]

Words That Might Sound Like Age Discrimination

In recent years, there has been a significant increase in the number of age discrimination claims. In fact, according to the Equal Employment Opportunity Commission (EEOC), age discrimination charges rose by approximately 15 percent in fiscal year 2007. Many observers attribute that trend to the fact that more employees are choosing to work longer and […]