Age discrimination in the workplace impacts people of all nationalities, sizes, races, colors, religions, and ethnicities. Such discrimination, which can be highly unethical, is causing many managers anxiety, and is forcing many of them to court. It is no secret that age-related lawsuits are proliferating, and in the last five years age-related claims have been on the rise due to layoffs, which seem to be proportionally impacting older workers. Juries often side with aggrieved employees, even if the evidence is flimsy. Because of such trends, national and international companies and their managers are realizing the need to protect themselves by periodically reviewing their workforce diversity, while analyzing the data for latent signs and patterns of "unintentional" discrimination (Mujt...
A total of 1,105 complaints of age discrimination in the workplace were filed New York state in 2009, according to the U.S. Equal Employment Opportunity Commission. Of those, just four involved the legal industry.
Attorneys, employee advocates and lawmakers say a surprise U.S. Supreme Court ruling eliminating "mixed-motive" claims under the Age Discrimination in Employment Act will make proving age discrimination in the workplace a much tougher task for plaintiffs. Now the most minimum documentation is all an employer will need" to prevail, said Simon Lazarus, public policy counsel for the National Senior Citizens Law Center. "The employee will have to prove that age discrimination - rather than cost savings, or efficiency or something [else] - was not only a cause, not only the significant cause, not only the motivating cause, but the exclusive cause of an adverse employment action.
I recently attended an unemployment workshop, and the teacher told us that if we had any gray in our hair we should run out and color it. Doesn't this advice amount to supporting age discrimination in the workplace? No, this advice is supporting the current reality of the workplace.
DES MOINES - A Des Moines man at the heart of a dispute over age discrimination in the workplace is pushing Congress to approve a measure giving older workers new protections. Jack Gross, of Des Moines, is joined by AARP, the nation's largest group representing seniors, in testimony in the House and the Senate this week.
The Oklahoma Supreme Court may have opened the door for victims of age discrimination in the workplace to seek additional remedies in court. It is a significant change for employers, primarily in the damages that are available under this new public policy tort, compared to the age discrimination and employment act, said Tony Puckett, an attorney with the McAfee and Taft law firm in Oklahoma City specializing in labor and employment law.
Dear Savvy Senior: What constitutes age discrimination in the workplace, and where can I turn to for help if I think I've got a case? - Demoted Donna Dear Donna: Most people, when they think of discrimination, think of race, gender or religion. But if you're at least 40 years old and have been harmed by a decision affecting your employment, you may have suffered age discrimination. Here's what you should know.
The Oklahoma Supreme Court may have opened the door for victims of age discrimination in the workplace to seek additional remedies in court. Tony Puckett, an attorney with the McAfee and Taft law firm in Oklahoma City specializing in labor and employment law, called it a significant change.
In Penn Plaza LLC v. Pyett, the US Supreme Court, in a 5-4 decision, held that parties governed by the National Labor Relations Act (NLRA) can agree to require employees to arbitrate workplace discrimination claims arising under the Age Discrimination in Employment Act (ADEA). The only proscription imposed by the Court is that the agreement to arbitrate such claims be explicitly stated in clear and unmistakable language. Reversing the decision of the US Court of Appeals for the Second Circuit, which had affirmed the district court's holding, Justice Clarence Thomas' majority opinion determined that arbitration of employment-related ADEA claims is a mandatory subject of bargaining under the NLRA and that the ADEA did not remove grievances involving such claims from the NLRA's broad sweep...
WASHINGTON - The Equal Employment Opportunity Commission is considering new rules to protect older workers from job discrimination after a spate of recent Supreme Court decisions made it harder to prove age bias in the workplace. The action comes as age discrimination complaints to the agency, which enforces federal employment discrimination laws, rose 29 percent last year, more than any other type of bias claim.
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