Age Discrimination

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    The Age Discrimination in Employment Act (ADEA) prohibits discrimination against workers 40 years old and older because of their age. Many states also have laws prohibiting age discrimination in the workplace. The Older Workers Benefit Protection Act of 1990 amended the ADEA to specifically prohibit employers from discriminating against...

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    The U.S. District Court for the Western District of Kentucky recently ruled that a supervisor's statement that he would replace an employee with an "ass-kicking bad ass" wasn't evidence of "personal bias." Facts David Bzura, who is over 40, worked as a store manager for Lumber Liquidators, Inc., from January 2005 until April 2013. James Davis...
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    Computer-systems salesman Frank Woodward lost his job when his employer determined that slow sales to his number-one client made the size of the sales team unjustifiable. When he filed a lawsuit for age discrimination, the court shut down his attempts to get information about most of his former employer's officers and managers, and eventually...
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    The 6th Circuit recently held that an employee could proceed to trial on his age discrimination and retaliation claims because his former employer gave one reason when it notified him of his termination and a different one after he began challenging the decision. The court also discredited the employer's assertion that a younger employee didn't "...
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    Art Linkletter and Bill Cosby were right — kids say the darnedest things. Unfortunately, some of those "things" may not be as cute, innocent, and humorous as Linkletter and Cosby thought. In fact, some of the things kids say may be outright boorish and malicious. A former private school headmaster in Miami found that out the hard way....
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    A decision from the U.S. District Court for the Northern District of Iowa shows that compliance practices are important, even in the prosecutor's office. The court allowed an assistant U.S. attorney's claim to proceed because she had 13 years on the job and showed a temporal relationship between a memo she wrote complaining about discrimination...
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    Kansas celebrates older workers. The Kansas Department of Commerce will host the Older Worker Awards Ceremony on April 24 in Topeka. The event honors older workers who are employed in both publicand private-sector jobs and businesses that regularly employ workers who are 55 and older. The department is accepting nominations until March 31, 2014,...
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    The U.S. Supreme Court will hear arguments for and issue opinions on numerous cases with ties to the labor and employment realm during the 2013-14 term, which began in early October. For brief summaries of select cases pending before the Court, read on. For a summary of one employment case the Court has already decided, see "U.S. Supreme Court...
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    Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn't abide by company policy, doesn't meet deadlines, and has been written up one time for sexual harassment. Can...
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    Cases involving age discrimination claims under the Age Discrimination in Employment Act (ADEA) have been prevalent on the dockets of federal courts across the country. To establish an ADEA violation, according to the 7th Circuit (whose rulings apply to all Indiana employers), "an employee must show that age actually motivated the adverse...
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