Employees who claimed to be negatively affected by a company’s conversion of its defined benefit pension plan from one based on final average pay to one based on cash balance have timely discrimination charges when applying the Lilly Ledbetter Fair Pay Act, a federal district court rules.

The company had used a five year transition period before full implementation of the new plan, during w Read more

An email mistakenly sent to a job applicant by a company CEO stating “He must be old” gives an inference of possible age discrimination, thus the claim may proceed to a trial, a federal district court in Idaho rules.

The claimant had responded to a job advertisement with his resume, and received an email (intended for another individual) from the company’s CEO which stated in part: “I’m he Read more

A divided U.S. Read more

A collective bargaining agreement that “clearly and unmistakably” requires union members to arbitrate age discrimination claims under the Age Discrimination in Employment Act is enforceable as a matter of federal law, the U.S. Read more

A former employee who charged that she was forced out of her job because of her age can proceed to a jury trial based on circumstantial evidence, a federal district court in Illinois decides. Read more

An employer defending a disparate-impact claim under the Age Discrimination in Employment Act bears the burden of producing evidence for a “reasonable factors other than age” affirmative defense, and also has the burden of persuading a fact finder of the reasonableness of the factor, the U.S. Read more

A hiring manager who yawned during a promotion interview did not display discriminatory animus based on age against the employee, the First Circuit holds. The employee had alleged that he had been denied several promotions, and cited the manager’s yawning during his interview as an indication that his answers didn’t matter since the company had decided not to promote him because of his age. Read more

Age-related comments denigrating older workers can have an outsized negative impact on employee productivity and corporate profits, says Bob McCann, Associate Professor of Management Communication at the USC Marshall School of Business. Read more

The Equal Employment Opportunity Commission has issued a notice of proposed rulemaking to change its current regulations on disparate impact under the Age Discrimination in Employment Act. Read more

The Equal Employment Opportunity Commission has approved a rule allowing employers to coordinate company health benefits offered to retirees with Medicare or comparable state benefits, without violating the Age Discrimination in Employment Act. Read more

A 43-year-old beer salesman terminated for telling a customer about his ten million dollar lawsuit against his employer was not engaging in a “protected activity” under the Age Discrimination in Employment Act, the Sixth Circuit rules.

Prior to his dismissal, the employee had filed age discrimination charges with the Tennessee Human Rights Commission and state court. Read more

The Equal Employment Opportunity Commission has published its final rule explaining that the Age Discrimination in Employment Act does not prohibit employers from favoring relatively older individuals. The final rule is to conform with the U.S. Read more

A manager who made frequent references to the age of an employee by telling her “In your day and age…” and asking her whether she would be better off retiring so she could “take time off to rest” may have been motivated by age discrimination when he finally terminated the employee, says the Second Circuit. Read more

The Equal Employment Opportunity Commission has issued a notice of proposed rulemaking to address the meaning of the “reasonable factors other than age” test under the Age Discrimination in Employment Act.
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A 69-year-old manager who was terminated for “non-compliance” with the employer’s sexual harassment policy and replaced by a younger worker cannot show that this was a pretext for age discrimination, despite a comment alleged to be made by chief operating officer that the manager was an “old, gray-haired fart.” Read more