Difficult, time-consuming, and expensive litigation with uncertain results – such as this case represents – is assuredly not a sensible way to manage the Nation’s retirement system for either employers or employees. Sadly, at least for now, litigation appears to be the only option available to them.

In a 122 page opus on ERISA law

Only a handful of CHRO Human Rights Referee Decisions are issued each year — a number that has seemed to slow to a trickle recently.   But this month, the CHRO issued a lengthy decision in an age discrimination case.  In that case, CHRO Referee concluded that the Town of Bloomfield, Connecticut discriminated against a police officer because of his age when

Courtesy of Morgue File -  Public Domain"You can’t teach a old dog new tricks."

In discrimination cases, analysis of whether a remark like this is probative has typically moved into whether the comment was a "stray" remark.  Indeed, Justice O’Connor’s concurrence in the Price Waterhouse v. Hopkins case in 1989, in fact, talked about whether "stray remarks" could satisfy a plaintiff’s