“We are sorry. Due to unforeseen circumstances caused by the current pandemic, we have to lay off x number of workers. While we can’t predict the specific duration, we expect the layoff to be temporary. It is our intent to recall all laid-off workers in the hopefully near future”. Were you in this position on […]
Is the Pendulum Swinging Back on Age Bias Claims?
Age bias claims are hard to prove, right? I mean an employee has to show that age was pretty much the only reason s/he suffered discrimination or s/he loses, right? Well, guess what? While that is often true under federal law, that’s not always true. I regularly tell clients and prospective clients to consult with […]
Employment Discrimination? S/he’s Not My Employee…
Can you be liable for employment discrimination against someone who’s not your employee? Sometimes. Title VII and the other aforementioned laws prohibit employers from discriminating. These laws loosely define employers as entities with a minimum number of employees, usually 15 or more (20 or more under the ADEA). If you meet that threshold, you are […]
Seeking “Young and Fresh” Workers. Uh-Oh…
I’m back–in case you noticed an absence in the last 3 weeks. I was firmly ensconced in “Wedding Land” tying up loose ends and then celebrating as I married off my only daughter about a week ago. (Holy cow, I’m now a mother-in-law! I know I digress, but I just couldn’t resist.) I won’t keep […]
Can a “Sub-Group” of Over-40 Workers File a Federal Age Discrimination Claim?
You probably know it’s illegal under the Age Discrimination in Employment Act (ADEA) for employers to discriminate against workers over 40 years old. You may also know that large groups of over-40-year-old workers can sue as a group, and file what is known as a class-action lawsuit. Occasionally, a class-action lawsuit will involve sub-classes, i.e. […]