Facts are not What Wins Cases--Perceptions DoÃÂ
Kittredge, Donley, Elson, Fullem & Embick, L.L.P.
TABLE OF CONTENTS YOU CAN VIEW SOME FACTS BEFORE THEY ARE CREATED Significant Evidentiary Issues Which Are Ke.
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.
The Same Actor Inference
Thomas P. Brady of Brady, Hathaway, Brady & Bretz, P.C.
In recent years, many courts have adopted the same actor inference in discrimination cases.
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.
Supreme Court Decision Highlights Need for Employer Anti-Discrimination Policies
David A. Anderson of Parsons Behle & Latimer
Last month the U.S. Supreme Court issued an opinion further clarifying the rules courts must use in deciding employment discrimination cases. The Court's decision, Reeves v. Sanderson Plumbing Products, Inc., also underscores the need for employers to adopt anti-discrimination policies and to ensure, through training, that they are understood and followed.
Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination
Benjamin I. Delancy of Thelen LLP
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.
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.
ERISA Discrimination Claims May Complicate an Age Claim
Benjamin A. Escobar of Beirne, Maynard & Parsons, L.L.P.
Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently, the section provides protection, regardless of whether the claim is based on existing or prospective rights under a plan.
Recent Developments of Interest in Employment Law in California
Melanie A. Calvert of Melanie A. Calvert
The following information is intended as a general discussion. It is not to be relied upon as legal advice in any .
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.
Older Employees not Required to Return Severance Benefits Before Suing for Age Discrimination and Challenging Age Discrimination Releases
Paul, Hastings, Janofsky & Walker LLP
In Oubre v. Entergy Operations, Inc., 66 U.S.L.W. 4118 (U.S. Jan. 26, 1998) (No. 96-1291), the Supreme Court ruled that older employees are not required to return severance benefits paid in consideration of a release before challenging the validity of the release under the Older Workers Benefit Protection Act ("OWBPA").
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.
The Long Reach of the Cat's Paw
Douglas B. M. Ehlke of Ehlke Law Offices
Fired employees can sue for wrongful discrimination even if their employer's actual decision makers were neutral and without discriminatory intent. This may happen when decision makers rely on misinformation submitted by a supervisor or high-level manager with an illegal discriminatory bias or motive to get rid of the employee.
How Old are Your Workers Now?
Motschenbacher & Blattner LLP
Like many firms trying to stay competitive, your company may cut costs by reducing its workforce. When "older .
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.
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 Regulations on Releases/Waivers of Age Discrimination Claims
Duff, White & Turner, LLC
On June 5, 1998, the U.S. Equal Employment Opportunity Commission ("EEOC") issued regulations that provid.
March 2004 Benefits Brief (Vol. 17, No. 2)
Nixon Peabody LLP
Contains articles on retirement income policy, fiduciaries under attack per an Enron antidote, and the Supreme Court saving benefits plans from "reverse discrimination" claims.
U.S. Supreme Court Clarifies Evidence Needed To Sustain Jury Verdicts in Employment Discrimination Cases
Bodman LLP
In Reeves v Sanderson Plumbing Products, Inc (June 12, 2000), the U.S. Supreme Court, in a unanimous opini.
The Truth Shall Set You Free, But Fib and You May Fail
Angella Renee Hebert of Thompson, Coe, Cousins & Irons, LLP
This article reviews Reeves vs. Sanderson Plumbing Products, Inc. whereby the Supreme Court held that a plaintiff might succeed if the employer?s reason for termination is not believed. In other words, if an employer is not honest when firing an employee, discrimination may well be the most likely alternative, especially since the employer is in the best position to put forth the actual reason for its decision.
Westchester County's New Human Rights Law
Nixon Peabody LLP
This article summarizes Westchester County's new human rights law and focuses on the employment sections of the new Westchester law.
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.
Michigan Supreme Court Decides Three Important Cases
Dykema Gossett PLLC
In Town v Michigan Bell Telephone Co, the Michigan Supreme Court recently upheld the dismissal of age and sex discr.
Are Your Discrimination Waivers and Releases Enforceable?
Ford & Harrison LLP
Many employers try to nip discrimination and wrongful discharge claims in the bud by offering terminated employees .