Age Discrimination

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…

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 ’s Nashville and New York offices, brought this lawsuit on behalf of older…

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,…

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…

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…

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…

Job seekers are well acquainted with the black hole into which their resumes seem to fall.  They may submit dozens of applications to get one interview. And employers do not need a reason to toss a resume – they can lawfully do so for no reason at all.  It is, however, unlawful to reject an applicant because of her age…

So, you signed a severance agreement. The agreement says that you waived claims under a lengthy list of laws that you’ve never really heard of. In exchange, your former company gave you a few weeks’ salaries. But you think you were the victim of discrimination, and you want to sue the company. Does the severance agreement prevent you from suing?…