Archive for the 'Age Discrimination' Category

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

April 29, 2010 at 9:00 pm by: New Mexico Employment Law Letter

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning.
HR Guide to [...]

Was Termination Because of Poor Performance or Age Discrimination?

April 22, 2010 at 9:01 pm by: Georgia Employment Law Letter

by Isabella Lee
The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case before [...]

Do Your Benefit Plans Violate the ADEA?

April 15, 2010 at 9:02 pm by: Virginia Employment Law Letter

by Stephen Stine
We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit plans [...]

EEO Training Makes Economic Sense for Employers

March 11, 2010 at 9:04 pm by: Oklahoma Employment Law Letter

by Sam R. Fulkerson
The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and [...]

Making the Case for Keeping HR

March 4, 2010 at 9:00 pm by: Maine Employment Law Letter

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

February 18, 2010 at 9:09 pm by: South Carolina Employment Law Letter

by Rita M. McKinney
Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know.
Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training

Tips for Minimizing Risk When Cutting Labor Costs

December 30, 2009 at 11:57 am by: Colorado Employment Law Letter

by Mark Wiletsky
Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if employees [...]

EEOC Guidance on Waivers in Severance Agreements

October 30, 2009 at 2:11 pm by: Indiana Employment Law Letter

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 issued [...]

Can Employers Discriminate Against Younger Workers?

October 23, 2009 at 2:47 pm by: Virginia Employment Law Letter

by Hillary J. Collyer
Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot of [...]

Addressing the Needs of an Aging Workforce

August 1, 2009 at 8:36 am by: Georgia Employment Law Letter

by Isabella Lee
After falling for more than a century, the retirement age of American workers is on an upward trend. According to a recent survey, 43 percent of Americans believe they will have to work during their retirement.