“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 […]
You CAN Legitimately Beat Discrimination Claims
Lowe’s just won a discrimination case filed by one of its employees. It wasn’t an accident. It wasn’t magic. It wasn’t luck. It wasn’t “just” because the employee didn’t have good enough facts. It’s possible to win — or even avoid–an employment discrimination case. Can you? Yes, if you do your homework. Let’s take a […]
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 […]
Laying Off Someone Over 40? Check Your Release…
Your company is about to conduct some layoffs. That’s common enough. You don’t want to be sued. So you offer the employee severance benefits along with a release. Since your employee is over 40 years old, you really don’t want to deal with age discrimination claims. So you include in your waiver any claims under […]