Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: ADEA

This is Why the Number of Employees You Have Matters in Employment Law

Posted in Discrimination & Harassment, Featured Content, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business if it has 20 or more employees who worked for the company for at least twenty calendar… Continue Reading

Is There A Difference Between Firing Because of Age vs. Salary?

Posted in Discrimination & Harassment, Highlight

Up on Fortune magazine’s column “Practically Speaking” is the following question: Frank has been with us for more than 20 years. He works in the warehouse and has done a good job for us. I like him. But, to be honest, for the work he performs I could easily replace him someone younger and …… Continue Reading

An Explainer Video on OWBPA-Compliant Separation Agreements

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

As I keep trying new things for the blog, today I introduce an “explainer” video.  You’ve seen them before; it’s a short movie explaining a subject. Today’s topic is one I’ve touched on from time to time — separation agreements that comply with the Older Workers Benefit Protection Act. Let me know what you think… Continue Reading

Has IBM Found a Way Around the OWBPA and Should Others Follow?

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last week, a story caught my eye and the attention of some of my colleagues.  As reported first by Bloomberg BNA, IBM has stopped providing the comparison information that is typically required in separation agreements for older workers under the Older Workers Benefit Protection Act. You may be wondering how that is possible.  Robin Shea,… Continue Reading

Final Four Madness: Preparation Still Matters To Win On (or In) The Court

Posted in Discrimination & Harassment, Highlight, Litigation

Over the weekend, I asked my colleague, Chris Engler, to think of any employment law lessons that could be divined from the victories of the UConn Men’s Basketball team.  He reminds us in the post below that preparation still matters.  Of course, this isn’t the first time this blog has written about the UConn Huskies (see… Continue Reading

The Times Says “Most Lawyers” Won’t Take Age Discrimination Cases Anymore. Really?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Litigation

In Tuesday’s The New York Times, an article (that, as of Monday evening was one of the lead pieces on the NYTimes.com website) argues that age discrimination continues to exist in society and that it is hitting the baby boomers particularly hard.  (Indeed, the article’s tag is “for-laid-off-older-workers-age-bias-is-pervasive”.) I do not challenge the assertion that age… Continue Reading

Court: Alleged Assaults Are Not “Adverse Employment Actions”

Posted in Discrimination & Harassment, Litigation

Years ago, it was believed that summary judgment motions by employers should be rarely granted.  And yet, judges in Connecticut district court keep granting these motions.  A recent federal court case in Connecticut is the latest example of how courts are using their power to weed out cases before they reach a jury. In Miller v. Ethan Allen Global… Continue Reading

EEOC Publishes Final Rule on Reasonable Factors Other Than Age (RFOA)

Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations

Today, the EEOC has published its final rule clarifying a portion of the Age Discrimination in Employment Act (ADEA).  You can download the rule here and a FAQ from the EEOC here.   The rule comes as a partial response to a 2008 U.S. Supreme Court decision that analyzed the issue.  The rule has some significance… Continue Reading

“Vaporizing” One Area of Employment Law? Hmmm.

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations

In a post Friday, Walter Olson over at Overlaywered posed this question, “If I could press a button and instantly vaporize one sector of employment law…”  (His suggestion? Age Discrimination laws.) Jon Hyman, at the Ohio Employer’s Law Blog, picked up on the question and posed it for his readers as well.  Jon’s choice? The… Continue Reading

Another Look at Mandatory Retirement Policies at Law Firms

Posted in Human Resources (HR) Compliance

In this week’s Connecticut Law Tribune, employment lawyer Gary Phelan revisits an old post that I did way back in March 2008 about mandatory retirement policies at law firms.  Back then, I noted the strange disconnect that sometimes exists between law firms and clients. Why? Because historically, law firm partners have been treated as owners… Continue Reading

Motions to Dismiss in Discrimination Cases Have a Pulse

Posted in Discrimination & Harassment, Litigation

For many years, motions to dismiss in discrimination cases were becoming a rarity, mainly because courts were loath to grant them.  But the U.S. Supreme Court in the last few years has given the motions new life and recent District Court decisions are now showing the effects. Latest case in point: Barker v. UBS AG (download… Continue Reading

Don’t Cry for Me Connecticut: Court Says Mere Factual Disagreements Not Necessarily Probative of Age Discrimination

Posted in Discrimination & Harassment, Litigation

In employment discrimination cases, some of the day-to-day details of a person’s employment are sometimes disputed.   Did an employee "continually" cry at work or only "occasionally" cry? And does it matter? A recent Connecticut district court decision clarified that such trivial disputes about an employee’s background — without more — are not enough to be… Continue Reading

Bill Allowing Complainants to Get A Quick Release from CHRO Gets a Makeover (And Moves On)

Posted in CHRO & EEOC, Legislative Developments

Earlier this month, I posted on a bill pending before the Connecticut General Assembly that would have changed the statute of limitations for filing employment discrimination claims and allowed a Complainant to ask for a release of jurisdiction of the CHRO as soon as possible. This week, the Labor & Public Employee Committee approved of… Continue Reading

EEOC Releases Proposed Rule Affecting “Reasonable Factor Other Than Age” Defense Under ADEA

Posted in CHRO & EEOC

Over the last week or so, various blogs have discussed a proposed rule released by the EEOC which discusses and defines what is meant by the "reasonable factor other than age" (RFOA) defense under the Age Discrimination in Employment Act (ADEA). Not familiar with it? The Employer Law Report sums it up nicely here: In Smith… Continue Reading

Progressive Discipline Policies: What They Are And Understanding Risks and Benefits to Them

Posted in Discrimination & Harassment

"Progressive Discipline" is a policy or practice that, over the years, has fallen out of favor with some employers. What is it? It’s a practice — found also in some collective bargaining agreements — that typically provides a multi-step disciplinary process for many employment policy violations: a verbal warning, a written warning, a suspension, and… Continue Reading

Employment Law Lessons About the Yankees…As Told by a Phillies Fan

Posted in Human Resources (HR) Compliance

Before the World Series started, I put my word on the line (and the blog) with a friendly wager with Jon Hyman, a rabid Phillies fan and the author of the Ohio Employer’s Law Blog.  Whoever lost would have to write about the winning team and tie it into some themes about employment law. Well,… Continue Reading

Quick Hits: EEOC’s ADEA Lawsuit; FLSA Collective Actions & Releases; Severance Pay & Taxes;; EEOC Compliance Manual Update

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Social Media, Wage & Hour

With the dog days of summer in full force here in Connecticut ("it’s the heat AND the humidity"), it seemed an appropriate time to roll out another installment of the "Quick Hits" feature to touch on a few items you might have missed over the last week or so: One of the biggest stories that you’ll… Continue Reading

EEOC Updates FAQ and Technical Guidance on Separation and Severance Agreements

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance

In a hearing earlier today, the Equal Employment Opportunity Commission discussed the "devastating impact" that age discrimination has on workplaces and employees. For employers, however, the most notable item from the hearing was the release of new technical guidance regarding separation agreements and the waivers of age discrimination claims contained in such agreements.  You can… Continue Reading

Employers Get Big Win at Supreme Court and Why Employers Should Ignore It

Posted in Discrimination & Harassment

Leave it to the Supreme Court to come out with a decision on discrimination while I’m attending the ABA Presidential Summit on Diversity (which I’ll be live-tweeting and blogging from starting on Friday).  So, while I’ve been tied up for most of the day, the news sites and employment law blogs have been a buzz… Continue Reading

Telling the Truth & Being Consistent: Appeals Court Keeps Age Discrimination Case Alive Based on Pretext

Posted in Discrimination & Harassment

Tell the truth. Be consistent. Those are common refrains among lawyers to clients. Why? Because inconsistencies are a crucial way for opposing parties to establish their case. In employment cases, an employee may not have "direct" evidence of discrimination, but courts allow an employee to piece together evidence based on circumstances, including evidence that pokes… Continue Reading

Supreme Court Hears Mixed Motive Arguments – Are We Due for a Change

Posted in Litigation

Yesterday, the Supreme Court heard oral argument in Gross v. FBL Financial Group, one of the several employment cases on the docket for this term. For full background, the SCOTUS Blog is a great resource and I discussed it in an earlier post here.  From an employee perspective, the Employee Rights Post shares some interesting perspectives… Continue Reading

Quick Takes: Reprimanded Lawyer, Ethics Case, EFCA, ADEA & the Second Circuit, ERISA Standard of Review

Posted in Litigation

The slow season of employment law news continues, which makes this a perfect time to roll-out the occasional Quick Takes post to discuss interesting nuggets and updates to recent posts. The Statewide Grievance Committee, on the day before Christmas, issued a formal reprimand to Maureen Duggan for "fraud and conduct prejudicial to the administration of… Continue Reading

U.S. Supreme Court Agrees To Hear Case Concerning Direct Evidence, Mixed-Motive Instructions and ADEA

Posted in Discrimination & Harassment, Litigation

The U.S. Supreme Court today agreed to hear the case of Gross v. FBL Financial Services. Inc. putting the issue of "Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case" squarely before the court (H/T ScotusBlog). The case, arising out of a 8th… Continue Reading

Court: ADEA Plaintiffs Must Exhaust Administrative Remedies

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

In this blog, I often focus on the substantive law prohibiting discrimination cases, such as those under ADEA.  But a case decided late last week demonstrates the importance of making sure that employees follow the procedural requirements required by law under anti-discrimination provisions.. In Cassotto v. Potter (D.Conn, Oct. 21, 2008) (Hall, J.) (download here),… Continue Reading