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 for employers who have policies or take action that may have a disparate impact on older workers. In plain english, disparate impact essentially means an age-neutral rule that affects older workers more than younger workers; disparate treatment means a rule or action that treats older workers differently.

The easiest example to think of is suppose a police department has a physical fitness test so that officers can pursue and apprehend suspects; that practice may have a disparate impact on older workers . 

So what did the final rule clarify? According to the EEOC:
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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

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

"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

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