Age Discrimination in Employment Act (ADEA)

Fourth Circuit Rules That Retirement Plan Violates ADEA

Just a few weeks ago, the Fourth Circuit weighed in on the question of whether an employee retirement benefit plan maintained by Baltimore County discriminated against employees based on their age by requiring older employees to pay a greater percentage of their salaries based on their ages at the time of enrollment in the plan. […]

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A Reminder That Employees May Have to Pay for Bringing Unsuccessful Discrimination Claims

We all know that Rule 54 of the Federal Rules of Civil Procedure provides that a prevailing party is entitled to costs (not including attorneys’ fees) unless a federal statute, the rules themselves, or a court order provides otherwise. The district court has the discretion to deny the award of costs, but must articulate some […]

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It Isn’t All About the Ultimate Decisionmaker—Fourth Circuit Vacates Summary Judgment in Favor of Employer in ADEA Case

As employers, we often focus on what knowledge was in the hands of the ultimate decisionmaker at the time a crucial employment decision is made.  However, as the Fourth Circuit reminds us in its decision in Harris v. Powhatan County School Board, No. 12-2091, the knowledge and intent of those who have the power and […]

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