Age Discrimination in Employment Act (ADEA) : Employment Law

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Age Discrimination in Employment Act (ADEA)

Age Discrimination in Employment Act (ADEA)

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Labor and Employment Update: EEOC Issues Final Regulations on Waivers of Age Discrimination Claims
Pepper Hamilton LLP
An examination of EEOC regulations regarding waivers of rights and claims under the ADEA.
Waiver And Release Does Not Prevent ADEA Claim
Ford & Harrison LLP
The United States Supreme Court recently held that a former employee who received severance payments from her emplo.
Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination
Benjamin I. Delancy
This article discusses whether an employee can file a civil lawsuit for age discrimination without first resorting to the California Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission for redress.
EEOC Issues Final Regulation on ADEA Releases
Bodman LLP
On June 5, 1998, the EEOC published a final regulation to be effective July 6, 1998 on agreements that waive rights.
U.S. Supreme Court Enforces Strict Compliance with OWBPA Requirements
Bodman LLP
On January 26, 1998, the U.S. Supreme Court ruled that an employee could sue her employer for age discrimination un.
Failure to Perform Essential Job Function Defense in ADEA Action
Paul, Hastings, Janofsky & Walker LLP
Shorette was a 60-year-old manager of a branch store of a local Maine pharmacy chain.
Supreme Court: ADEA Does Not Allow Reverse Age Claims
Alexis L. Pheiffer of Quarles & Brady LLP
In an opinion issued February 24, 2004, the United States Supreme Court held that the Age Discrimination in Employment Act of 1967 ("ADEA") does not prevent an employer from favoring older employees over younger employees.
Employment Discrimination in Alabama
Hicks, Matranga & Hambright
Federal law prohibits employment discrimination because of race, color, national origin, legal alienage, sex, pregn.
Recent Developments In Employment Law
Michael C. Lasky of Davis & Gilbert LLP
This article reviews three interesting employment law developments, each of which reminds us of Justice Oliver Wendell Holmes' words that the law does not exist in a vacuum but responds to "felt needs of society." Each of these developments also underscores the fact that the workplace is one of the most regulated areas of American life.
Employers May Discriminate in Favor of Their Most Senior Employees
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The US Supreme Court recently addressed to what extent an employer may discriminate against its younger workers in favor of its most senior employees.
Employee Not Required to Return Release Payment
Dykema Gossett PLLC
The United States Supreme Court recently ruled that employers must strictly comply with the Older Workers Benefit P.
Your Rights Under the Age Discrimination Act
Dept. of Health and Human Services
Fact sheet from the Department of Health and Human Services which describes the rights of older people in federally funded Health and Human Services Programs.
Recent Employment Law Developments
McMillan, Rather, Bennett & Rigano, P.C.
This newsletter addresses employment law developments in two areas: (1) employer liability for providing a "negativ.
The Art of InterviewingÃ‚Â… Do's and Don'ts
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Interviewing and selecting candidates poses one of the more difficult challenges employers' face. A skillfully cond.
Facts About Age Discrimination
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of what constitutes race/color discrimination under the Age Discrimination in Employment Act of 1967 (ADEA).
U.S. Supreme Court Concludes Disparate Impact Claims are Viable Under the ADEA
Sean C. Urich
In a watershed decision on March 30, 2005, the United States Supreme Court held an employer may be held liable for age discrimination based on a facially neutral employment policy that has a disproportionate effect, or "disparate impact," on older workers. In Smith v. City of Jackson, Mississippi, the Supreme Court resolved an issue of longstanding uncertainty among the lower courts, finding that disparate impact claims are cognizable under the Age Discrimination In Employment Act ("ADEA").
EEOC Clarifies Rules On Age Discrimination Waivers
David A. Anderson of Parsons Behle & Latimer
When employers decide to reduce the size of their workforces, or to terminate an employee who is over 40 years of age, they often offer severance pay in exchange for a release and waiver of legal claims by the terminated employees. In 1990, Congress passed the Older Workers Benefit Protection Act ("Older Workers Act"), which established procedural rules employers must follow in seeking such a waiver from employees who are over 40 years of age.
Supreme Court Expands Scope of Age Discrimination Law
Christopher J. Perry and David Mark Jaffe of Littler Mendelson, P.C.
In a recent decision, the U.S. Supreme Court held that workers age 40 and over do not have to prove an intent to discriminate and may allege age discrimination under the ADEA under a "disparate impact" theory. The proof required for such an action, however, may be more favorable to employers than in other discrimination cases.
Arbitration Clause Ineffective in Preventing Discrimination Suit
Paul, Hastings, Janofsky & Walker LLP
Rosenberg charged Merrill Lynch with age discrimination, gender discrimination and sexual harassment.
EEOC Issues Final Regulations Governing Waivers Of Rights And Claims Under ADEA
Carl H. Trieshmann and Charles E. Feuss of Littler Mendelson, P.C.
This article discusses the U.S. Equal Employment Opportunity Commission (EEOC) issuance of final regulations governing waivers of rights and claims under the federal Age Discrimination in Employment Act (ADEA).
New Guidance from the EEOC on Waiver of Rights and Claims under the ADEA
Smith, Currie & Hancock LLP
In 1967, Congress enacted the Age Discrimination in Employment Act (ADEA) to combat discrimination in the employmen.
Tenured Employees may Receive Voluntary Retirement
Paul, Hastings, Janofsky & Walker LLP
Legislative Enactments . The Higher Education Amendments of 1998 The President recent.

Age Discrimination in Employment Act (ADEA)

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