Warding off age discrimination claims in era of older workers

December 18, 2016 0 COMMENTS

The U.S. Bureau of Labor Statistics predicts that nearly a quarter of the workforce will be made up of people age 55 and older by 2024. That contrasts to 1994, when just 11.9 percent of workers fell into that age group. If the projection for 2024 is correctand the aging of the baby boomer generation as well as other factors provide a solid basis for the forecastemployers need to take a look at how to handle a large number of workers under the protection of federal and state age discrimination laws.   Businessman showing a document to his colleague

The BLS figures, reported in a November 18 U.S. Department of Labor Blog post, show that the 55 and older crowd is expected to constitute the largest slice of the workforce pie in just eight years. Here’s the breakdown for 2024: read more…

Biased bias: when protected classifications intersect

June 19, 2016 0 COMMENTS

by Connor Beatty

If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen to be older, you should be able to defend against an age discrimination claim, right? Not so fast.  Bias

Two recent studies found that older female applicants are less likely to be offered a job than older male applicants. What are the legal ramifications of the studies’ findings for employers? If an employee cannot prove that she was discriminated against because of her membership in a protected class, can she nevertheless argue that she was discriminated against because of her membership in a set of protected classes?

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Avoiding reverse disability discrimination claims

February 15, 2015 0 COMMENTS

by Andy Rodman

Q As part of my company’s diversity efforts, I would like to reach out to some disability advocate groups to try to fill a few vacant positions. I’m afraid that by doing so, I may be opening up the company to reverse discrimination claims under the Americans with Disabilities Act (ADA). Are my fears justified?  Able to Work

A First off, I applaud your company’s diversity efforts, particularly with respect to the disabled — a group that sometimes is forgotten when it comes to outreach efforts. As for your fears, they are justified only to the extent that there is little (or nothing) you can do to stop a rejected nondisabled applicant from filing a failure-to-hire claim based on perceived reverse disability discrimination. Unfortunately, as many companies see from time to time, some disgruntled applicants and employees will sue for almost anything — even if the claims have no legal basis.

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Better with age: legal issues with the aging American workforce

January 18, 2015 0 COMMENTS

by Allison B. Wannop

It is undeniable that the American workforce is getting older or, shall we say, more mature. In The Aging U.S. Workforce, the Stanford Center on Longevity estimates that by 2020, workers 55 and older will make up a quarter of the U.S. labor force, up from 13% in 2000. As the Baby Boomer generation hits retirement age, employers face a host of legal issues. Some landmines are rather obvious. For example, employers cannot terminate an employee simply because of her age.

Other issues are more nuanced. What if an employee is performing poorly because of age-related reasons? Can an employer terminate an older employee whose benefits are expensive? This article provides guidance on some of the issues employers with an aging workforce face.  Age Discrimination is Bad

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