Articles Posted in Age

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Especially if you’re gonna claim discrimination when you eventually get fired.

That’s among the takeaways from a recent federal appellate court ruling reinforcing the importance of enforcing workplace policies, particularly those related to safety. Continue reading

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Last night, I read a First Circuit decision about an employee at a grocery store who violated company policy by buying beer for her underage grandson, except she claimed age discrimination.

Spoiler alert: she lost.

Stick around for some HR101: Clear policies and consistent enforcement matter. Continue reading

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It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.

In age discrimination claims, that often means poking holes in the employer’s stated reasons for termination—showing inconsistencies, contradictions, or just plain weak excuses. And that’s precisely what happened in a recent Ninth Circuit case. Continue reading

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Over the weekend, I read a Sixth Circuit decision about a police officer who successfully argued that he faced a hostile work environment due to age discrimination—despite the absence of explicit age-related comments. This case highlights how a pattern of behavior can create a discriminatory workplace, even without direct remarks about age. Continue reading

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In a recent decision, the United States District Court for the Southern District of New York granted summary judgment in favor of the defendant, dismissing the plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This case serves as a critical reminder for employment lawyers and human resources professionals about the stringent requirements for establishing a prima facie case of age discrimination under the McDonnell Douglas framework. And yes, it also serves as a reminder that sometimes, the law can be as unforgiving as a Monday morning without coffee. Continue reading

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An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee interpreted this as an ageist comment because knowledge comes with age. Sometime later, two of his managers told him the company was “getting rid of the older guys,” which the employee understood as a threat that the company would try to push him out. Continue reading

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