Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: ADEA

“Overqualified,” or just too old?

Posted in Discrimination, HR
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with… Continue Reading

Queen for a day: If I ran the world, would I scrap our employment laws?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, HR, Labor Relations, Telecommuting, Wage-Hour
Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week: For those of you who don’t know Mr. Olson, he’s a libertarian.  :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections… Continue Reading

Can we stop with the age-based stereotypes?

Posted in Discrimination
Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital native” is someone who was born into the digital world, which… Continue Reading

Employment Litigation Lottery: IBM steps away

Posted in Alternative Dispute Resolution, Discrimination, Uncategorized
Is IBM crazy, or just crazy like a fox? Bloomberg BNA reported this week that IBM has stopped providing the “disclosures” required by the Older Workers Benefit Protection Act when it hands out severance packages. As you know, when an employer has a “group termination” — usually, a reduction in force, but a “group” can… Continue Reading

Is age discrimination running rampant, or is there another explanation?

Posted in Discrimination
The recession has undoubtedly been tough on the oldest of the older crowd, and rumor has it that blatant age discrimination is the reason. But, as Henry Fonda's character said in Twelve Angry Men, "I don't really know what the truth is." Here are a few reasons why I question whether age discrimination explains the difficulties that the oldest workers are having.… Continue Reading