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
Tag Archives: ADEA
“Vaporizing” One Area of Employment Law? Hmmm.
Posted in Highlight, Human Resources (HR) Compliance, Laws and RegulationsIn 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) ComplianceIn 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, LitigationFor 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, LitigationIn 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 DevelopmentsEarlier 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 & EEOCOver 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) ComplianceBefore 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 & HourWith 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) ComplianceIn 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 & HarassmentLeave 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 & HarassmentTell 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 LitigationYesterday, 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 LitigationThe 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, LitigationThe 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, LitigationIn 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
Big Day at U.S. Supreme Court for Labor & Employment and ERISA Cases
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationA very big day in labor & employment law and ERISA cases at the U.S. Supreme Court this morning I’ll post more detailed updates as warranted (and when time allows), but for now, here are the brief highlights (H/T ScotusBlog) . In Meacham v. Knolls Atomic Power Laboratory (06-1505), the court was asked to decide, in an… Continue Reading
U.S. Supreme Court Rules that ADEA Protects Federal Workers From Retaliation Based on Age-Related Complaints
Posted in Discrimination & Harassment, Laws and Regulations, LitigationThe U.S. Supreme Court today, in Gomez-Perez v. Potter, ruled 6-3, that the Age Discrimination in Employment Act (ADEA) protects federal workers from retaliation based on age-related complaints. The majority decision, written by Justice Alito, essentially grants protection to those federal workers on the same terms that private workers have long had. In doing so,… Continue Reading
Drafting Separation Agreements: How to “Take Off” with OWBPA and ADEA
Posted in Human Resources (HR) Compliance, Laws and RegulationsFor employers, providing employees with a separation agreement may be one of the best ways for a company to minimize their risk of litigation from the termination of that employee. But an agreement, it is often said, is only worth the paper it is written on, if it meets certain legal requirements. Just like pilots… Continue Reading
“Me Too” Evidence – A Thorough Review of the Supreme Court’s Decision in Sprint/United v. Mendelsohn
Posted in Discrimination & Harassment, LitigationPaul Secunda over at the Workplace Prof blog has alerted me to a great discussion that is ongoing on various blogs and law reviews about the Supreme Court’s decision in Sprint/United v. Mendelsohn. (My earlier coverage of the case from February 2008 can be found here.) In particular, you can read Paul’s review of whether the… Continue Reading
Mandatory Retirement Policies at Law Firms – The Trend in Connecticut
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceIn representing clients, I have, on occasion, had a client make a honest inquiry about the federal laws regarding age discrimination. Their question is something along the lines of: If discriminating against age is against the law, why can law firms insist on mandatory retirement policies? The simple response is that partners at law firms… Continue Reading
Supreme Court Decides Age Discrimination Case Defining What is a “Charge”! (Yawn.)
Posted in Discrimination & Harassment, LitigationAttorneys can go months — if not years — without Supreme Court guidance on employment law issues. But today, the Supreme Court issued its second employment-law related decision in as many days. However, for the second day in a row, the Supreme Court issued a decision that, at the end of the day, isn’t really about… Continue Reading
“Me, too!” U.S. Supreme Court Punts on Evidence of “Other” Discrimination
Posted in Discrimination & HarassmentAfter a long day of taking depositions on Tuesday, there’s nothing like coming back to my computer with dozens of e-mail messages and hundreds of posts to read on the RSS feeds. And, when I saw that the U.S. Supreme Court decided an employment law case, my brain got excited for a brief moment (and… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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