http://www.elinfonet.com/fedindex/2 Employment law articles discussing age discrimination issues under the Age Discrimination In Employment Act. Fri, 10 Feb 2012 03:02:14 EST en-us http://www.elinfonet.com/newscount.php?popID=11497 Article: 11497 Mon, 19 Dec 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a draft final regulation that clarifies the Age Discrimination in Employment Act's (ADEA) "reasonable factors other than age" test. The new standard will make it easier for workers to establish disparate impact claims and will put a heavier burden on employers in defending such claims. http://www.elinfonet.com/newscount.php?popID=11493 Article: 11493 Mon, 19 Dec 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) A federal appellate court recently dismissed a lawsuit brought by a group of four workers over 50 who claimed that they were terminated in violation of the Age Discrimination in Employment Act (ADEA). The Third Circuit Court of Appeals held that the workers failed to rebut their employer's legitimate, non-discriminatory reason for their termination _ sending sexually explicit emails in violation of company policy. Hodczak v. Latrobe Specialty Steel Company, No. 11-1085, Third Circuit Court of Appeals (November 17, 2011). http://www.elinfonet.com/newscount.php?popID=11395 Article: 11395 Tue, 29 Nov 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Employers can find comfort in a recent decision from the Third Circuit, which serves to remind us that we can (and should) discipline employees for policy violations--regardless of whether the employee is in a protected class. http://www.elinfonet.com/newscount.php?popID=11369 Article: 11369 Mon, 21 Nov 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) By a 3-2 vote, the Equal Employment Opportunity Commission at its November 16, 2011, meeting approved amended “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” under the Age Discrimination in Employment Act (“RFOA Regulations”). First proposed on February 18, 2010, these proposed amendments now move to the Office of Management and Budget (“OMB”) for review and interagency coordination. http://www.elinfonet.com/newscount.php?popID=11363 Article: 11363 Fri, 18 Nov 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) During a public meeting held on November 16, the Equal Employment Opportunity Commission (EEOC) voted 3-2 in favor of a draft final rule defining the parameters of the “reasonable factors other than age” (RFOA) defense under the Age Discrimination in Employment Act (ADEA). The rule will now be sent to the Office of Management and Budget (OMB) for review, and upon approval, published in the Federal Register as a final rule. Following the vote, the Commission held a panel discussion on hiring obstacles that face disabled veterans. http://www.elinfonet.com/newscount.php?popID=11330 Article: 11330 Fri, 11 Nov 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The Equal Employment Opportunity Commission (EEOC) will hold a public meeting next week to consider draft final regulations on disparate impact and reasonable factors other than age (RFOA) under the Age Discrimination in Employment Act (ADEA), and employment barriers that face disabled veterans. The meeting will take place next Wednesday, November 16, 2011, at 8:30 a.m. ET in the Commission Meeting Room on the First Floor of the EEOC Office Building, 131 “M” Street, NE, Washington, D.C. 20507. http://www.elinfonet.com/newscount.php?popID=11209 Article: 11209 Tue, 11 Oct 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) An employer can terminate an employee with a track record of performance problems, right? Right, but where the company inconsistently administers discipline and does not follow its own policies, it leaves room for arguments about illegal motivation. In a recent 9th Circuit Court of Appeal decision titled Earl v. Nielsen Media Research, Inc., the court found enough evidence to allow a poorly performing employee to present her case to a jury. http://www.elinfonet.com/newscount.php?popID=11146 Article: 11146 Mon, 03 Oct 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) On September 26, 2011, the 9th U.S. Circuit Court of Appeals overturned summary judgment allowing a 59 year old employee’s claim of age discrimination to go to a jury, based largely on evidence that younger employees – even those over 40 years old – had been disciplined differently than she was. http://www.elinfonet.com/newscount.php?popID=10933 Article: 10933 Fri, 19 Aug 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) A federal appellate court recently ruled that an employee whose job functions were replaced by a computer program had not been the victim of age discrimination. According to the Eleventh Circuit Court of Appeals, an employee who acted as an intermediary in the product design process was not replaced by the younger employee who oversaw the new streamlined system. Gortemoller v. International Furniture Marketing, Inc., No. 10-15689, Eleventh Circuit Court of Appeals (July 20, 2011). http://www.elinfonet.com/newscount.php?popID=10642 Article: 10642 Mon, 23 May 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) My internet friend and worthy adversary Donna Ballman, an employment lawyer who represents plaintiffs, had a good and sad post this week on AOL this week entitled "Nine Signs of Age Discrimination." The comments were especially depressing, from a number of people who said that they'd experienced age discrimination either in losing their jobs, or in their attempts to find jobs.