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Articles Posted in Age

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Don’t ruin your arbitration agreements by doing this…

Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. But what happens if your employees later sign another agreement — a severance agreement, for example — that doesn’t contain an arbitration provision? One…

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Is it legal to fire over 900 employees at once over Zoom?

Image by Lynn Kurtz from Pixabay News of a New York-based online mortgage lender’s CEO terminating over 900 employees with no notice on a three-minute Zoom call has been dominating my Google Alerts recently. There’s this NBCnews.com report from Elisha Fieldstadt, Ali Gostanian, and Bianca Britton. Noah Kirsch also reported…

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NJ is doing more NJ things by beefing up its age discrimination rules for hiring and promotions

Famartin, CC BY-SA 4.0, via Wikimedia Commons Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination…

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EEOC alleges that what this company did was dumb and dumber (and also age discrimination)

Image Credit (Insomnia Cured Here on Flickr) //embedr.flickr.com/assets/client-code.js If what I’m about to share with you is true, this employer needs to whip out its checkbook and settle this EEOC lawsuit right away before things go from bad to worse. Last week, the EEOC announced that it had sued a…

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The House wants to make it easier to bring age bias claims. But will the Senate co-sign?

David Maiolo [CC BY-SA 3.0], via Wikimedia CommonsSince I’m going to see most of you at Noon EDT today for The Employer Handbook Zoom Office Hour — register here if you haven’t already — I’m going to keep today’s blog post brief. The Age Discrimination In Employment Act makes it unlawful for…

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These are the red-light / green-light rules to filing a federal age discrimination lawsuit

Image by Clker-Free-Vector-Images from Pixabay Over the weekend, I read this Sixth Circuit decision about a litigant who claimed that an employer discriminated against him based on his age in violation of the Age Discrimination in Employment Act. But this was not your ordinary age bias case. You see, the…

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A federal court just made it hecka-hard to prove age discrimination at work. But, did it go too far?

Pole Vault by Mister Pixel from the Noun Project The U.S. Equal Employment Opportunity Commission, AARP, and National Employment Lawyers Association think so. So, let’s discuss. Sixth Circuit: Age bias means age must be the sole reason for an employment decision. About a month ago, the Sixth Circuit Court of…

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FACT OR FICTION: Complying with ADEA disclosure requirements for a layoff means listing foreign non-U.S. workers too

Image Credit: Photofunia It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Fact or Fiction:  Employees who are not U.S. citizens and work outside of the United States for American employers (or…

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“Well, you’re kind of getting up there in years, you’re at retirement age, you go one way and the company’s going the other.”

Image by mohamed Hassan from Pixabay If I’m taking the plaintiff’s deposition, and I hear these words escape his lips when describing the termination meeting with this supervisor, well, I’m not sure how I would go about maintaining my poker face. So, pick your Thursday tune — Lady Gaga [YouTube;…

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VLOG time! The EEOC dropped some new-ish COVID-19 guidance for employers.

Connetmiller / CC BY You can either read it here. Or, you can relax with a morning scotch latte and watch me explain it in this latest video from The Employer Handbook YouTube Channel. (Click here to subscribe). Either way, enjoy! P.S. – If you missed yesterday’s blog post about…