Age Discrimination

How to Spot Age Discrimination in the Workplace

According to the Age Discrimination in Employment Act, it is illegal to discriminate against or treat an older employee less favorably because of his/her age – this includes hiring, firing, job assignments, fringe benefits, and any other condition of employment. But even though age discrimination in the workplace is illegal, it’s still a major problem in the U.S. today, especially in…

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How Will COVID-19 Affect Older Workers Who Return to Work?

Despite all of the uncertainty surrounding COVID-19, it has been apparent since the early days that the virus is dangerous for older adults. As our understanding of the pandemic changes and evolves, this finding does not appear to have wavered, and the CDC currently maintains that individuals 65 years and older “are at higher risk.” As parts of America continue to stay…

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Workers Succeed in Class Age Discrimination Settlement, But Much Remains to be Done

This blog was co-authored by Leigh Anne St. Charles and Jonathan Tepe. After nearly two years of highly contested litigation, the Eastern District of Tennessee United States District Court recently granted final approval of a class action settlement resolving Tennessee auto-workers’ age discrimination claims against Volkswagen. Plaintiffs, represented by attorneys in Sanford Heisler Sharp’s Nashville and New York offices, brought this lawsuit on behalf…

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Supreme Court Endorses Mixed-Motive Age Discrimination Claims for Federal Sector Employees

In cases against private employers under the Age Discrimination of Employment Act (ADEA), employees must establish traditionally “but for” causation. See Gross v. FBL Fin. Servs., 557 U.S. 167 (2009). This basically means that the termination or other adverse action at issue would not have happened without the unlawful discriminatory motive. This standard is grounded in the language of the statute,…

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Age Discrimination Causes Substantial Damage to Older Workers’ Careers and Health

Several recent studies demonstrate that age discrimination is pervasive in American workplaces, which is causing extensive damage to the health and careers of older workers.  According to a 2018 AARP survey, about three in five older workers have either seen or experienced age discrimination in the workplace, and more than nine in ten older workers see age discrimination as either…

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Confronting Age Discrimination in America

Americans are growing older. According to the U.S. Census Bureau, the current median age for an American is 38, and it is expected to rise to 40 by 2030.[1] In other words, by 2030 the number of Americans who are 40 and above will equal the number of Americans who are younger than 40. At the same time, Americans are working…

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Job Hunting in the Digital Age: Fighting Unseen Discrimination Against Older Workers

How did you find your current job?  Was it through an advertisement in the newspaper or another print periodical? And how about if you’re an employer looking to recruit and hire new employees?  Chances are, the answer to all of the above is: the internet.  So, if the employment advertisements that employers/employees use and view are located primarily on the…

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Ageism and “The Clouds of Sils Maria”

I saw a great film recently called “The Clouds of Sils Maria” that features a superb female cast. (Warning: Spoilers Ahead!) The film is rich and complicated, and features multiple parallels between the relationships of the characters, both real and fictional. One theme that really stood out to me was the film’s treatment of older working women in society. Juliette…

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