Does a Mandatory Retirement Age Equal Discrimination?

the situation An employer has a policy that states that all employees must retire at the age of 65.  Is this age discrimination?

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Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?

the situation You are trying to fill an unskilled laborer position. One applicant for the position is a former employee with decades of experience in a position that involves more skill and higher pay. You end up deciding to hire another younger applicant, concluding that the former employee is overqualified and will not be satisfied […]

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Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination

the situation The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over the age of 40. According to a press release issued by the EEOC, Texas Roadhouse has now agreed to pay a total of $12 […]

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Can Automated Response to Online Employment Application Show Knowledge of Age?

the situation You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t […]

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Even Age Difference of Eight Years Can Support ADEA Claim if Other Factors Present

As all employers are aware, employment decisions such as hiring, firing and promoting should not be made on the basis of an individual’s age. And one of the key components of a claim based on the denial of a promotion is that the individual who was promoted was substantially younger. So does this mean that […]

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What if an employer fails to abide by its own disciplinary process—what’s the harm?

According to a decision from the First Circuit Court of Appeals earlier this year, an employer’s failure to take action in accordance with its own disciplinary process could support a finding of discrimination. Soto-Feliciano v. Villa Cofresi Hotels, Inc., No. 13-2296 (February 20, 2015). Specifically, this failure can support a finding that an employer’s alleged […]

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Watch Out for Age-based Commentary

Is calling an employee “old man” discriminatory? It could be–just yesterday, the EEOC announced that Wal-Mart has agreed to pay $150,000 and provide other relief to a resolve an age and disability lawsuit filed by the EEOC on behalf of an employee. The EEOC charged that Wal-Mart discriminated against the employee by subjecting him to […]

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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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