Total Articles: 10
Workers' Explicit Emails, Not Age, Led To Discharge
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).
EEOC Approves New Age Bias Regulation
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.
3d Cir.: Employees Fired for Pornographic Emails Lose Age-Discrimination Case
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.
Amended Regulations on Age Discrimination in Employment Suits Move Closer to Implementation
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.
EEOC Approves Rule Defining RFOA Defense in ADEA Disparate Impact Claims; Discusses Disabled Veterans' Hiring Obstacles
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.
Fifth Circuit Permits Plaintiff to Advance Hostile Work Environment Claim Based on Age Discrimination Under the ADEA (pdf)
Harassment comes in all shapes and forms. It is not limited to situations concerning sex or race. Employers can be liable for age discrimination, and these cases are only likely to increase. Many older employees are delaying plans to retire for a variety of reasons. With older workers in the workplace, tensions between younger employees and older workers are only likely to increase. Younger employees may think that referring to someone as "pops" or "old fogey" is an innocent joke and not something that could rise to an actionable level of harassment. In Dediol v. Best Chevrolet, this case serves as an important reminder for the steps to take when drafting and implementing a harassment policy.
EEOC to Hold Meeting on Imminent ADEA Rule, Hiring of Disabled Veterans
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.
Nielsen Gets Poor Ratings In Age Discrimination Case
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.
Inconsistent Treatment of Older Worker May Lead to Legal Liability
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.
Court "Deletes" Worker's Age Bias Claim
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).
