Getting Ahead of the Age Game

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from making employment decisions based on an employee’s age.[1] However, uncertainty remains as to whether applicants can pursue age discrimination claims based on disparate impact in the hiring process. Disparate impact is a type of claim that allows an applicant or employee to sue […]

Avoiding Legal Liability In An Interview

Avoiding Legal Liability In An Interview[1] Federal and state laws have been created to protect, not only employees, but applicants from discrimination on the basis of race, color, religion, sex, national original, age and disability or genetic information. Many employers believe explicitly and directly asking questions in interviews concerning these inherent characteristics only subjects them […]

Employers, Beware of Older Workers’ Benefit Protection Act’s “Knowing and Voluntary” Requirements!

Employers need to be very mindful of the Older Workers’ Benefit Protection Act’s “knowing and voluntary” requirements in drafting severance agreements, particularly in connection with a reduction in force. Consider a federal court’s invalidation of the release of an age discrimination claim in a recent case in Colorado – see article below. A Federal court […]