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Employer Resource Institute
Home | Age Discrimination

Age Discrimination

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Age Discrimination: Employer Prevails by Showing It Hired the Better Qualified Applicant
September 2010
Sometimes there's not much you can do to stop a rejected applicant with sour grapes from suing you for age discrimination. But, as a recent California Court of Appeals case demonstrates, you can probably get yourself off the hook if you have a legitimate reason--like a rival applicant's superior qualifications--for your alleged discrimination. . . . more
News Note: EEOC Solicits Comments on Age Bias Rules
April 2010
The federal Equal Employment Opportunity Commission (EEOC) is seeking public comments on the meaning of the term "reasonable factors other than age" (RFOA) as used in age discrimination cases. RFOA refers to a defense that employers assert when . . . more
News Note: TV Writers Settle with Networks, Studios, and Talent Agencies for $70 Million
March 2010
After nearly 10 years of litigation, 157 writers have reached a preliminary $70 million settlement (subject to court approval) with 17 networks, production studios, and talent agencies. The plaintiffs in the class action lawsuit claimed . . . more
Bulletin: EEOC releases new version of poster
December 2009
The federal Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster, which employers are required to post . . . more
News Note: Bill Introduced to Overturn Supreme Court Age Bias Decision
December 2009
Earlier this year, in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held that the federal Age Discrimination in Employment Act does not permit older employees to . . . more
Terminations: Special Rules for Older Employees
October 2009
Severance agreements are a great way to protect your company against lawsuits brought by former employees, whether they're leaving because of a layoff, termination, or resignation. However, special rules apply to severance agreements presented to employees age 40 or over . . . more
Age Discrimination's Many Disguises; How to Avoid Hidden Pitfalls That Can Lead to Bias Claims
CEA Online Exclusive August 2009
It's a recipe for lots of lawsuits: an aging boomer generation and a failing economy. As a result, more and more employers are finding themselves staring down age bias lawsuits and, more often than not, wondering what went wrong. Although there certainly are overt . . . more
Discrimination: How Early Retirement Offers Become Age Bias Lawsuits; Tips for Talking About Retirement
August 2009
It can be tough to investigate performance or misconduct complaints against employees nearing retirement age if termination is a possible outcome. An early termination can cost older workers . . . more
News Note: High Court Shoots Down Unintentional Age Bias
August 2009
The U.S. Supreme Court recently ruled that under the federal Age Discrimination in Employment Act (ADEA), employees must prove that age bias was the only reason for the employer's discriminatory actions. The Court said that while Title VII--which prohibits . . . more
Age Discrimination: Two New Supreme Court Decisions Interpret ADEA in Layoffs and Pension Plans
August 2008
The U.S. Supreme Court has handed down two new decisions interpreting the federal Age Discrimination in Employment Act (ADEA), which prohibits employers with 20 or more employees from discriminating on the basis of . . . more
Updated Equal Employment Opportunity Policy (employee)
CEA Online Exclusive July 2008
Updated Equal Employment Opportunity Policy (employee) An easy way to start complying with GINA is to make sure your antibias program is current, and our newly updated Equal Employment Opportunity (EEO) policy can get you started. . . . more
Bulletin: CEA Online Exclusive: Updated EEO Policy
July 2008
In this month's issue, we provide comprehensive coverage of GINA, the new federal Genetic Information Nondiscrimination Act that prohibits employers from refusing to hire an applicant and from discharging or . . . more
Bulletin: U.S. Supreme Court Rejects 'Class-of-One' Theory
July 2008
In a decision favorable to public employers, the nation's high court recently ruled 6-3 that the "class-of-one" theory of equal protection does not apply in the public employment context. To sue for . . . more
Sexual Orientation Bias: California Supreme Court Backs Same-Sex Marriage; How This Affects Your Workplace
July 2008
In a landmark opinion, the California Supreme Court has ruled that state laws limiting marriage to opposite-sex couples are unconstitutional. Here's a summary of the high court's decision and how it will affect . . . more
News Note: Heftier Child Labor Penalties in Effect
July 2008
Under the federal Fair Labor Standards Act, employers may now be hit with a $50,000 penalty for a child labor violation that causes the death or serious injury of a minor; the amount can be doubled for willful or . . . more
U.S. Supreme Court Update: New Rulings on Arbitration Agreements and Discrimination Charges Are Good and Bad News for Employers; What You Should Know
May 2008
A new U.S. Supreme Court decision addresses arbitration agreements, concluding that federal policy favoring arbitration trumps state law. In another important ruling, the Court focused on age discrimination charges, endorsing a relaxed standard that makes it easier for employees to bring age discrimination . . . more
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