What You Should Know About Age Discrimination In The Workplace
Mansfield, Tanick and Cohen, P.A.
Age discrimination is one of the fastest growing fields of law. This growth is attributable to the increasing numb.
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.
How to File a Complaint--The Age Discrimination Act
Dept. of Health and Human Services
Tips from the Department of Health and Human Services (DHHS) on how to file complaints of age discrimination with the Office of Civil Rights involving DHHS recipients and beneficiaries.
Amendments To Delaware's Discrimination In Employment Act Establish New Administrative Procedures And Create A New Right To Sue In State Court
Wendy K. Voss of Potter Anderson & Corroon LLP
While changes in the Delaware Discrimination Act are of note to all employers, the recent changes in the Act are of special significance to small employers who employ fewer than fifteen (15) people. The revised Delaware statute, which applies to employers of four (4) or more individuals, provides a new cause of action in the Delaware Superior Court for protected employees.
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.
Certain Evidence In Age Discrimination Cases Found Improper by Court of Appeals
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
This article reviews Wyvill vs. United Companies Financial Corp. whereby the Fifth Circuit Court of Appeals outlined certain types of evidence that should not be admitted against employers in age discrimination cases.
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).
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.
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.
Tenured Employees may Receive Voluntary Retirement
Paul, Hastings, Janofsky & Walker LLP
Legislative Enactments . The Higher Education Amendments of 1998 The President recent.
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.
The Art of InterviewingÃÂ
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.
U.S. Supreme Court Concludes Disparate Impact Claims are Viable Under the ADEA
Sean C. Urich of Thompson, Coe, Cousins & Irons, LLP
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").
February 2004 Benefits Alert: Supreme Court Saves Benefits Plans from "Reverse Discrimination" Claims
Nixon Peabody LLP
In a closely-watched case, the Supreme Court has held that an employer may provide benefits to a select group of older employees while not providing the same benefits to a similar group of younger employees even though the younger employees are also protected by federal age discrimination laws. A lower court decision to the contrary had threatened long-standing employer practices of grandfathering older employees from adverse changes in benefits plans and of offering early retirement incentives only to older employees.
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.
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.
Legal Hotlines for Older Americans
Dept. of Health and Human Services
Collection prepared by the Administration on Aging of legal hotlines for people over 60 in the 17 states that presently have them.
Recent Developments In Employment Law
Michael C. Lasky and Daniel A. Feinstein 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.
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.
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.
IRS Issues Final Regulations, Providing Anti-Cutback Relief for Required Minimum Distributions from Qualified Plans
Rosenman & Colin LLP
Recently, the IRS issued final regulations that provide prospective relief from the anti-cutback rules imposed by .
Do Your Employee Benefit Plans Comply with Federal Discrimination Laws?
Michelle E. Coburn of Thompson, Coe, Cousins & Irons, LLP
This article reviews a recent U.S. Equal Employment Opportunity Commission's Enforcement Guidance on Employee Benefits which held many employers may violate federal discrimination laws due to an employee receiving lower benefits or is denied benefits based on a protected classification, such as age, gender, disability, or race.
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.
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.
Michigan Court Of Appeals Rules That Elliott-Larsen Act Protects Younger Workers
Bodman LLP
In Zanni v Medaphis Physician Services Corp a special conflict panel of the Michigan Court of Appeals decided that.
Filing a Charge With the Equal Employment Opportunities Commission
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of how to file a charge of discrimination with the EEOC.
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.
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).
Employment Discrimination in Alabama
Stewart & Hicks, P.C.
Federal law prohibits employment discrimination because of race, color, national origin, legal alienage, sex, pregn.
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.