Age Discrimination

9 11, 2019

It May Get Easier to Prove Age Discrimination Claims in Court

By | 2019-11-09T03:57:20+00:00 November 9th, 2019|Age Discrimination|0 Comments

The Protecting Older Workers Against Discrimination Act—And What It Means For Workers According to a 2018 AARP study, approximately 61% of adults aged 45 or older have experienced or witnessed age discrimination in the workplace. And thanks to some new legislation, it may become easier for those people to win their cases in court. Age discrimination has been prohibited by the Age Discrimination in Employment Act since 1967. But in 2009, the Supreme Court ruled that workers in age discrimination claims had to prove that age was a “decisive factor” in their firing, punishment, or a company’s decision not to hire them. That ruling put a considerable burden of proof on older workers, and made it more difficult for those facing age discrimination to get justice. It’s a higher standard than those imposed on other discrimination claims, including those involving race, sex, religion, or nation of origin. The Protecting Older Workers Against Discrimination Act (POWADA) reverses that decision, restoring the rights of older workers filing age discrimination cases in court, and reducing the burden of proof. In today’s heated political climate, this legislation is one of the rare few that has attracted bipartisan support. It was sponsored by both a [...]

18 12, 2018

How Companies May Use Layoffs to Hide Age Discrimination

By | 2019-01-10T01:28:26+00:00 December 18th, 2018|Age Discrimination|0 Comments

What to do when reductions-in-force are questionable A round of layoffs hits your company, and your job is one of those to go. But when you look at the other workers who lost their jobs, you notice you all have one thing in common: you’re all over 40. It happens more often than you’d think. Age discrimination is illegal, but employers can and do sometimes use general layoffs to mask the large-scale firing of older employees and the hiring of younger workers. Here’s how they get away with it. Firing based on salary. Employers have to justify large-scale layoffs in a way that won’t lead to lawsuits, and one way to do that is by firing people based on what they earn: salary, benefits, bonuses, and commissions. This often has the practical effect of shedding large swaths of older, more experienced workers who’ve had time to earn higher salaries—leaving the employer free to hire cheaper, younger workers. This is functionally the same as age discrimination—even if it’s justified on paper. Replacing your job. Some companies will eliminate the jobs of older employees, then pull a sleight-of-hand—re-introducing the old job with a new title, and hiring a younger employee to fill [...]