Tag: age discrimination

EEOC Issues Final Regulations for RFOA Defense Under ADEA

  Last week, we reported that several senators had introduced new amendments to the Age Discrimination in Employment Act ("ADEA") to make it easier for plaintiffs in age discrimination cases to prove their claims.  U.S. Senators aren’t the only ones busy refining federal age discrimination laws – on March 30, 2012, the Equal Employment Opportunity … Continue Reading

EEOC Proposes New Age Discrimination Regulations

Today the Equal Employment Opportunity Commission (EEOC) releases new regulations that will define employers’ "reasonable factors other than age" or "RFOA" defense under the Age Discrimination in Employment Act (ADEA).  The new regulations would reflect two Supreme Court cases interpreting the RFOA defense: Smith v. City of Jackson (2005) and Meacham v. Knolls Atomic Power Laboratories (2008).  Click here to … Continue Reading

Supreme Court Tightens Standards for Age Discrimination Plaintiffs

Yesterday the United States Supreme Court ruled 5-4 that trial courts may not use a "mixed motive" framework in federal age discrimination cases.  Rather, plaintiffs in age discrimination cases must prove that "but for" their age, they would not have been discriminated against.  Click here to read the Court’s decision in Gross v. FBL Financial Services.  Under a 1991 … Continue Reading

Age Discrimination Claims on the Rise

According to the Wall Street Journal, discrimination filings with the Equal Employment Opportunity Commission (EEOC) went up 15 percent in 2008 compared to 2007, and age discrimination suits in particular showed a dramatic 29 percent increase over the previous year.  Click here to read the WSJ Article.  The conventional wisdom is that discrimination claims go up … Continue Reading

Feisty, Spry and Grandmotherly: Ageist Terms to Avoid?

What do terms like "feisty," "spry," "elderly" and "grandmotherly" have in common?  Yes, they are commonly used to refer to older people; but they can be used to express derogatory stereotypes about someone because of age.  An article in today’s New York Times, "Goodbye Spry Codgers, So Long Feisty Crones," reports that two groups, the International … Continue Reading

Supreme Court to Hear Mixed-Motive Age Discrimination Case

Last week, the United States Supreme Court agreed to review Gross v. FBL Financial Services, Inc., a case involving whether a plaintiff alleging a claim under the Age Discrimination in Employment Act must present "direct evidence" of discrimination to be entitled to a mixed-motive jury instruction.  A mixed-motive case in one where the evidence shows that … Continue Reading

Calling Store Manager “Grandma” Evidence of Age Bias

Here’s a shocker out of Illinois:  a federal district court held that a retail chain’s store manager calling a department head "Grandma" was evidence of age discrimination.  In McDonald v. Best Buy Co., the plaintiff alleged she was demoted and forced out of her job because of her age in violation of the Age Discrimination in Employment … Continue Reading
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