by Burton J. Fishman
The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.
Archive for the 'Age Discrimination' Category
by Burton J. Fishman
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 [...]
by John Phillips
Recently, a piece I heard on NPR’s Morning Edition, “Does Business Innovation Depend on a CEO’s Age?”, while driving to work caused me to swerve from one lane to another. Fortunately, my swerve didn’t result in an accident, but it did ignite a cacophony of horns.
The NPR report dealt with new [...]
Employers generally go to great lengths to retain valued employees. They know the benefits of keeping good, experienced people and avoiding the costs of recruiting and training new hires. Sometimes, though, the words “I quit” are music to an employer’s ears. A problem employee out the door seems like a problem solved.
But is it? Suppose [...]
Employers may be experiencing the nagging dread of age discrimination more frequently these days. Simultaneous to the surge of baby boomers reaching retirement age comes the decision by many to delay their exit from the workforce, setting up a perfect legal storm centered on age discrimination.
Employees who saw their retirement nest eggs dwindle during the [...]
If employers could consult a crystal ball to see what the workplace will be like 10, 20, or more years down the road, they might see an older workforce in their future.
As many aging baby boomers decide to continue working for a few — or several — years past the traditional retirement age, employers see [...]
“Sea change,” “massive demographic revolution,” “boomer brain drain.” They are terms economists and sociologists use when discussing the aging of the baby boomer generation – children born between 1946 to 1964. Countless volumes have been written about what will happen as the more than 78 million boomers age and leave the workforce.
Despite all the research, [...]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher.
HR professionals often struggle with termination decisions. The decision is easy [...]
The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other [...]
Who knows? In 20 years, there might be a robot writing these articles; we’ve faced that reality. Eventually, we may all be phased out by machines, programs, and metallic entities, the likes of which we’ve yet to even imagine.
As the world has become more automated and efficient, we have all witnessed downsizing and have subconsciously [...]